No 8

REPUBLIC OF SOUTH AFRICA

DEBATES OF THE

PARLIAMENT OF THE

PROVINCE OF THE

WESTERN CAPE

(HANSARD)

SECOND SESSION – FOURTH PARLIAMENT

OF THE PROVINCE OF THE WESTERN CAPE

23, 25 AND 30 NOVEMBER 2, 3, 6 AND 7 DECEMBER 2010

OBTAINABLE FROM THE PARLIAMENT OF THE WESTERN CAPE, WALE STREET, CAPE TOWN

CABINET

The Premier .............................................................. Ms O H Maree (Zille) Minister of Health ...................................................... Mr T L Botha Minister of Agriculture ................................................ Mr H G van Rensburg Minister of Transport and Public Works ...................... Mr R V Carlisle Minister of Community Safety .................................... Mr L H Max Minister of Finance, Economic Development and Tourism . ........................................................... Mr A R Winde Minister of Social Development .................................. Mr I H Meyer Minister of Local Government, Environmental Affairs and Development Planning ...................................... Mr A W Bredell Minister of Housing..................................................... Mr B S Madikizela Minister of Education ................................................. Mr D A C Grant Minister of Cultural Affairs and Sport .......................... Mr I E Jenner

OFFICE-BEARERS OF PROVINCIAL PARLIAMENT

Speaker ..................................................................... Mr S Esau Leader of Government Business ................................ Mr T L Botha Deputy Speaker ......................................................... Mr T R Majola Leader of the Opposition ........................................... Ms L Brown Chief Whip: DA .......................................................... Ms A Rossouw Chief Whip: Opposition ............................................... Mr P Uys Secretary .................................................................... Mr P G Williams

ISBN

MEMBERS OF PROVINCIAL PARLIAMENT

PARTIES:

Democratic Alliance = DA African National Congress = ANC Congress of the People = COPE

Independent Democrats = ID African Christian Democratic Party = ACDP

Beerwinkel, Ms Carol Frances ................................................................. ANC Bevu, Ms Tozama Nomsa ........................................................................ COPE Botha, Theunis Louis................................................................................ DA Bredell, Anton Wilhelm ............................................................................. DA Brown, Ms Lynette.................................................................................... ANC Carlisle, Robin Vincent ............................................................................. DA Cupido, Ms Pauline Wilhemina ................................................................ ACDP Eloff, Ernst Hendrik .................................................................................. DA Esau, Shahid ........................................................................................... DA Geyer, Helmar Phillip ............................................................................... DA Grant, Donald Arthur Cardross ................................................................. DA Hani, Ms Vuyiwe ...................................................................................... ANC Hartnick, Ms Jennifer Lorraine ................................................................. DA Jacobs, Phillip Mziwonke ......................................................................... ANC Jenner, Izak Edward................................................................................. ID Labuschagne, Ms Cathlene ...................................................................... DA Madikizela, Bonginkosi Success .............................................................. DA Magwaza, Ms Ntombizodwa Pauline ........................................................ ANC Majola, Thembekile Richard ..................................................................... DA Marais, Ms Anroux Johanna Du Toit ........................................................ DA Maree, Ms Otta Helen (Zille) .................................................................... DA Max, Lennit Hendry .................................................................................. DA McKenzie, Patrick Cecil ........................................................................... ANC Meyer, Ivan Henry .................................................................................... DA Mqulwana, Ms Koleka Anita .................................................................... ANC Ncedana, Mbulelo .................................................................................... COPE Ozinsky, Max ........................................................................................... ANC Paulse, Ms Sarah Unes ............................................................................ ID Prins, Ms Ellen ......................................................................................... ANC Rossouw, Ms Aletta.................................................................................. DA Skwatsha, Mcebisi.................................................................................... ANC Stali, Zandisile Christopher ...................................................................... ANC Tingwe, Ms Millicent ................................................................................. ANC Uys, Pierré ............................................................................................... ANC Van Rensburg, Hendrik Gerhardus ......................................................... DA Van Zyl, Johanna Aletta ........................................................................... COPE Visser, Johannes Jacobus ....................................................................... DA Von Brandis, Eugene Jeffrey .................................................................... DA Walters, Michael Charles ......................................................................... DA Wiley, Mark Geoffry Edington ................................................................... DA Winde, Alan Richard................................................................................. DA Witbooi, Ms Joselene .............................................................................. ANC

PERMANENT DELEGATES TO NATIONAL COUNCIL OF PROVINCES

Adams, Freddie ....................................................................................... ANC Bekker, Jacobus Marthinus Geyser ......................................................... DA De Beer, Onel .......................................................................................... COPE De Villiers, Michael Jacobus Roland ........................................................ DA Harris, Tomothy Duncan .......................................................................... DA Ntwanambi, Ms Nosipho Dorothy ............................................................ ANC

(i)

INDEX TO PROCEEDINGS Abused Women and Children in Western Cape – Motion ................................... 687 Abuse of international principle of minimum force in Western Cape – Motion .................................................................... 2651 Absence of members of executive from legislature – Motion ............................ 2926 Acknowledgement to Supt Nolan, Capt Dicks and Const Abrahams, Atlantis

- Motion............................................................................................... 1597 Actions by DA Councillor of Elsies River, Bertha Esbach – Motion ................... 1010 Ad hoc Committee: Investigation into possible misleading of House by Minister ....................... 103 Ad Hoc Committee – Motion ............................................................................. 2857 Ad Hoc Committee on nomination of Public Service Commissioner – Debate .... 911 Ad Hoc Committee, replacement of Mr E J von Brandis on – Motion .................. 832 Africa Day – Motion ........................................................................................... 2260 Alcohol and Drug abuse on Family system, Impact of – Motion .......................... 362 Allegations against Eindhoven Primary School in Delft – Motion ...................... 2703 Allocation of houses in Pelican Park housing project – Motion ......................... 2612 Alternative approaches to BEE and development SMMEs – Motion ................. 2174 Amakhaya Ngoku Housing initiatives – Motion ................................................... 785 Ambulance Services and Response time, State of – Motion ............................... 749 Amendment of draft resolution – Motion ............................................................ 3035 Ammunition seized by police in Athlone – Motion ............................................... 933 ANC Government on Service Delivery, Negative impact of – Motion .................... 15 ANCYL calls for service delivery protests – Motion ........................................... 2861 Announcements, Tablings and Committee Reports .......... 7, 8,9, 17,36,70,205,239, ............................ 263,354,434,526,559,595,644,677,701,715,728, ................... 746, 760, 858, 923, 963, 1003, 1025,1066,1082,1126, ...................... 1193, 1240, 1279,1349,1394,1463,1580,1601,1646, ............ 1729, 1795,1885,1968,2159,2196,2248,2279, 2324, 2360, ..... 2389, 2393, 2430, 2468, 2504, 2511, 2541, 2549, 2599, 2601, 2634 ..... 2642, 2685, 2691, 2711, 2736, 2784, 2798, 2845, 2849, 2874, 2915 ..... 2962, 2970, 2981, 2994, 3058, 3059, 3129, 3130, 3157, 3172, 3207 ............................................................................................... 3208, 3275 Anti-poverty strategy – Motion ........................................................................... 2258 Appointment of Lt-Gen Arno Lamoer – Motion .................................................. 3029 Apology (P C McKenzie) ..................................................................................... 968 Apology to Member Brown – Motion ................................................................. 2570 Archbishop Desmond Tutu: Medal of Freedom Award – Motion ......................... 616 Atlantis integrated transport system – Motion ................................................... 2559 Attacks by Premier on Constitution and South African Human Rights Commission – Motion ............................................................................... 2651 Attitude of Speaker in staff meeting – Motion ...................................................... 935 Audit reports not yet considered by SCOPA: debate – Motion .......................... 1594 Baboon Management Contract – Motion ............................................................. 537 Bafana Bafana, Support for – Motion .................................................................. 307 Beaufort West and Ceres farm murders – Motion ............................................. 1293 Bills: Western Cape Adjustments Appropriation Bill [B8—2009] Introduction and First Reading ......................................................... 1070 Consideration of principle ................................................................. 1146 Vote 6 – Health ................................................................................. 1180 Vote 11 – Agriculture ........................................................................ 1202

(ii) Vote 5 – Education ........................................................................... 1215 Vote 13 – Cultural Affairs and Sport ................................................. 1228 Vote 8 – Local Government and Housing ......................................... 1242 Vote 4 – Community Safety .............................................................. 1256 Vote 7 – Social Development ........................................................... 1294 Vote 12 – Economic Development and Tourism .............................. 1305 Vote 10 – Transport and Public Works ............................................. 1317 Vote 9 – Environmental Affairs and Development Planning ............. 1335 Vote 3 – Provincial Treasury ............................................................ 1350 Vote 1 – Premier .............................................................................. 1358 Vote 2 – Provincial Parliament ......................................................... 1371 Consideration of Votes and Schedules ............................................ 1388 Finalisation ....................................................................................... 1391 Western Cape Adjustments Appropriation Bill [B9—2010] (Introduction and First Reading) ....................................................... 2970 Consideration of principle ................................................................. 3065 Vote 1 – Premier .............................................................................. 3101 Vote 6 – Health ................................................................................. 3110 Vote 11 – Agriculture ........................................................................ 3119 Vote 8 – Housing .............................................................................. 3130 Vote 3 – Provincial Treasury ............................................................ 3141 Vote 12 – Economic Development and Tourism .............................. 3146 Vote 5 – Education ........................................................................... 3152 Vote 14 – Local Government ............................................................ 3172 Vote 9 – Environmental Affairs and Development Planning ............. 3180 Vote 10 – Transport and Public Works ............................................. 3192 Vote 13 – Cultural Affairs and Sport ................................................. 3208 Vote 4 – Community Safety .............................................................. 3216 Vote 7 – Social Development ........................................................... 3226 Vote 2 – Provincial Parliament ......................................................... 3234 Consideration of Votes and Schedules ............................................ 3270 Finalisation ....................................................................................... 3270 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 112 Vote 8 – Housing ................................................................................ 145 Vote 8 – Local Government ................................................................ 166 Vote 13 – Cultural Affairs and Sport ................................................... 187 Vote 1 – Premier ................................................................................ 211 Vote 5 – Education ............................................................................. 240 Vote 6 – Health ................................................................................... 266 Vote 7 – Social Development ............................................................. 307 Vote 12 – Economic Development and Tourism ................................ 329 Vote 9 – Environmental Affairs and Development Planning ............... 365 Vote 10 – Transport and Public Works ............................................... 392 Vote 3 – Provincial Treasury .............................................................. 422 Vote 4 – Community Safety ................................................................ 443 Vote 11 – Agriculture .......................................................................... 482 Vote 2 – Provincial Parliament ........................................................... 509 Consideration of Votes and Schedules .............................................. 526 Finalisation ......................................................................................... 526 Western Cape Appropriation Bill [B1—2010] Introduction and First Reading ......................................................... 1571 Second Reading ............................................................................... 1648

(iii) Vote 4 – Community Safety .............................................................. 1690 Vote 1 – Premier .............................................................................. 1746 Vote 7 – Social Development ........................................................... 1770 Vote 14 – Local Government ............................................................ 1802 Vote 8 – Housing .............................................................................. 1830 Vote 5 – Education ........................................................................... 1858 Vote 3 – Provincial Treasury ............................................................ 1895 Vote 6 – Health ................................................................................. 1913 Vote 12 – Economic Development and Tourism .............................. 1944 Vote 9 – Environmental Affairs and Development Planning ............. 1999 Vote 13 – Cultural Affairs and Sport ................................................. 2027 Vote 10 – Transport and Public Works ............................................. 2054 Vote 11 – Agriculture ........................................................................ 2086 Vote 2 – Provincial Parliament ......................................................... 2124 Consideration of Votes and Schedules ............................................ 2157 Finalisation ....................................................................................... 2159 Western Cape Ambulance Services Bill [B 7–2009] ................................. 2797 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2754 Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ....................................................... 2944 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ............................. 3044 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ............................ 2941 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation) ....... 3047 Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) ............................ 3050 Western Cape Liquor Amendment Bill [B4B—2010] (Consideration and finalisation) ........................................................ 3264 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Introduction and First Reading ......................................................... 1041 Consideration of principle ................................................................. 1081 Finalisation ....................................................................................... 1081 Western Cape Irregular Expenditure Bill [B4 – 2009] Finalisation ......................................................................................... 643 Western Cape Unauthorised Expenditure Bill [B3 – 2009] Finalisation ......................................................................................... 643 Western Cape Unauthorised Expenditure Bill [B5 – 2009] Introduction and First Reading ......................................................... 2467 Western Cape Unauthorised Expenditure Bill [B5 – 2010] Consideration ................................................................................... 2502 Western Cape Unauthorised Expenditure Bill [B5 – 2010] Finalisation ....................................................................................... 2503 Western Cape Parliamentary Service and Finance Management Bill Introduction ....................................................................................... 1347 Western Cape Problem Animal Control Ordinance Repeal Bill [B9 – 2008] Finalisation ...................................................................... 643 Birthday wishes to Ms C F Beerwinkel – Motion ............................................... 1598 Birthday wishes to Premier – Motion ................................................................. 1598 Bitou Municipality: Draft Resolution in terms of Rule 119 .................................. 2571 Bitou Municipality, Problems at – Motion ............................................................. 591

(iv) Brutal and deadly attacks on policemen and women – Motion ............................ 833 Bully tactics and roguish force by Cape Town Metro Police – motion ............... 2701 Burglary and vandalism of state-owned property – Motion ................................ 2175 Bus accident in Kloofnek Road, Senior Citizens in – Motion ............................... 750 Business of House – Motion .................................................................... 2995, 3208 Cape Nature: public/private partnerships – Motion ........................................... 1591 Cape Town as second best destination in Africa and Middle East – Motion ..... 2372 Cape Town as South Africa's Silicon Valley – Motion ......................................... 833 Cape Town Stadium – motion ........................................................................... 2770 Cape Town Stadium, construction of – Motion .................................................. 2351 Car Magazine Award for Safely Home Programme – Motion ............................ 1596 Casino: establishment of second casino in Metropole – Motion ........................ 2368 Chairperson of Standing Committee on Community Safety: Incompetence – Motion 657 Chairperson of Standing Committee of Finance, Censuring of – Motion ............. 589 Chestnut Clinic in Belhar, situation at – Motion ................................................... 981 Child-headed households, plight of – Motion .................................................... 2299 Children, conditions under which children grow up – Motion ............................. 2304 Children’s Act, implementation of – Motion ....................................................... 2370 Chaos in Metro Police – Motion ........................................................................ 3028 Chronic medication: serious shortage of – Motion ............................................ 2371 City of Cape Town: Awarding of performance bonuses in – Motion ......................................... 2258 City council: official demoted – Motion ...................................................... 2344 Health Plan on HIV and TB – Motion .......................................................... 933 Implications of growth of – Motion .............................................................. 932 IRT System in – Motion............................................................................... 934 Proposed transfer of Land – Motion .............................................................. 38 Public Transport Plan – Motion ................................................................... 536 Closing .................................................................................................... 1391, 3271 Closing down of democratic space – Motion ..................................................... 2925 Closure of drug rehabilitation centres – Motion ................................................. 2814 Clothing Sector, Strike in – Motion ...................................................................... 783 Commendation to national government for disaster alleviation – Motion .......... 2708 Condition of Flats in Leonsdale: Terrible – Motion ........................................... 2406 Condolence – Motions: Albertus, Ms Ulla (A J D Marais) ................................................................. 938 Beaufort West taxi victims (A Rossouw) ................................................... 2705 Brady, Nazario (M C Walters) ..................................................................... 694 Bredenhand, Jan-Frederick (E H Eloff) ..................................................... 2817 Bus accident in Hex River Pass (E H Eloff) .............................................. 2228 Davids, Mr A A (E H Eloff) ........................................................................ 1597 Death of People after Collision of taxi and truck (M Skwatsha) ................ 2480 Death of two boys from George gymnasium (C F Beerwinkel) ................. 2660 Deaths in shack fires in Kleinmond (J L Hartnick) ..................................... 2483 Deputy Speaker, Mother of (J J Visser) ...................................................... 786 Dewani, Anni (P C McKenzie) ................................................................... 2933 Dudley, Mr R (Y Gabru) ................................................................................ 38 Duncan, Sheena (L Brown) ....................................................................... 2227 Dunster, Shirley (T R Majola) .................................................................... 3029 Du Toit, Jan (M G E Wiley) ....................................................................... 2856 Family of five-year-old who drowned at a primary school in Kensington (V Hani) ..................................................................... 2659

(v) Family of seven and baby (C F Beerwinkel) ............................................. 1746 Florence, Brent (A J D Marais) ................................................................. 2778 Florence, Brent (Z C Stali) ........................................................................ 2819 Fourie, Sorette (J J Visser) ....................................................................... 2776 Francken, Lulu (E H Eloff) ......................................................................... 2570 Galant, Jacoba (N P Magwaza) ................................................................ 2177 Galeta, Idris (V Hani) ................................................................................ 2939 Gillwald, Cheryl (M Skwatsha) .................................................................. 2407 Gxowa, Mamma Bertha (B G Mbalo) ........................................................ 2938 Haas, Ashley (A J D Marais) ..................................................................... 2778 Haas, Ashley (Z C Stali)............................................................................ 2819 Hopkins, Marianne (A Rossouw) .............................................................. 2620 Hörstmann, Fritz (J J Visser) ...................................................................... 660 Jacobs, Mr M (M G E Wiley) ....................................................................... 837 Jansen, Lodewy (N P Magwaza) .............................................................. 2177 Jenner, Ms Katrina (J L Hartnick) ............................................................. 1036 Johnson, Johnny (P C McKenzie) ............................................................. 2654 Kasrils, Eleanor (M Skwatsha) .................................................................. 1011 Khonjwa, Nombulelo (T N Bevu) ............................................................... 3062 Klaasen, Clr Kevin (J J Visser) ................................................................... 107 Klein, Tom (P W Cupido) .......................................................................... 2479 Komba, Sgt. Charles (H P Geyer) ............................................................... 660 Kotzé, Pen (M C Walters) ......................................................................... 2408 Lithemba Loli (M Tingwe) ............................................................................ 787 Madikwa, Nomvelo "Rayi" (M Skwatsha) .................................................... 617 Madinga, Lulama (E J von Brandis) .......................................................... 1037 Mafikeng, Mama Elizabeth "Rocky"(P M Jacobs) ....................................... 105 Malan, Ms Marie (E Prins) ........................................................................ 2179 Malindi, Lettie (N P Magwaza) .................................................................. 2376 Mantashe, Madolwana and Cilliers, Messrs (T N Bevu) ........................... 1294 Maqhetsheba, Anathi (H P Geyer) .............................................................. 937 Maqubela, Patrick (Y Gabru) ...................................................................... 106 Matthews, Joe (V Hani) ............................................................................. 2522 Maroem, Mr E C, (A Rossouw) ..................................................................... 39 Maxenza, Const Daniel (M Skwatsha) ...................................................... 1893 Mbiko, Ms Neti (M Ncedana) .................................................................... 1040 Meer, Ms Fatima (M Skwatsha) ................................................................ 1643 Meiring, Hannes (H P Geyer) .................................................................... 2178 Minister Madikizela’s family (J J Visser) .................................................... 2706 Mother of Ms C Labuschagne, passing of (A J D Marais) ......................... 2124 Mputing, Mr W (N P Magwaza) ................................................................... 909 Naidoo, Mr Vincent (P C McKenzie) ........................................................... 751 Ncedana, Mr V (T N Bevu) ........................................................................ 1645 Ndziba, Ngcondo (M Skwatsha) ................................................................. 107 Nel, F B B, Van Lill, M M E and Eloff, J M, Cycle accident victims (E J von Brandis) .............................................................................. 1594 Ngcukana, Ezra (M Skwatsha) ................................................................. 2407 Ngozi, Mr M M (N P Magwaza) ................................................................... 838 Nkosi, Lewis (R V Carlilse) ....................................................................... 2614 Nonzwana, Ntombizonke (T N Bevu) .......................................................... 908 Passing on of Mother of Nondzaliseko Makanda (V Hani) ........................ 2412 People involved in car crash (K A Mqulwana) ............................................. 983 People killed in fire in Lingelethu, Khayelitsha (M Tingwe) ....................... 2463

(vi) Rape victim from darling (P C McKenzie) ................................................. 2929 Residents who died in fire at Rusthof (J J Visser) ....................................... 217 Schmidt, Cobus (H P Geyer) .................................................................... 1039 Scholtz, Maxi (P C McKenzie) .................................................................. 1891 Schoolchildren and those who have died playing sport (C F Beerwinkel) ............................................................................... 1595 Searll, Aaron and Snyman, Lannice (M G E Wiley) .................................. 2231 Sefularo, Dr (J Witbooi) ............................................................................. 2178 Sikani: Member of Cope (M Ncedana) ...................................................... 2232 Slade, Deon (J Witbooi) ............................................................................ 2783 Solomon, Imam Gassan (Y Gabru) ............................................................. 983 Stemmet, Adnaan (J Witbooi) ................................................................... 2570 Ting Ting Masanga (M Skwatsha) .............................................................. 787 Van Niekerk, Dr Theresa (J J Visser).......................................................... 659 Van Rensburg, Erin (H P Geyer) ................................................................ 104 Van Rooyen, Gert (N P Magwaza) ........................................................... 2177 Victims of taxi accident (T R Majola) ........................................................... 985 Victims of recent horror crashes (M Skwatsha) ........................................ 2706 Conduct towards women MPPS – Motion ................................................... 607 Confusion caused by MEC Grant’s announcement – Motion .................... 2612 Congratulations / Wishes – Motions: Agenton, Dr Kelly of UCT (J Witbooi)........................................................ 2657 Alberts, Deon (A J D Marais) .................................................................... 2935 Bafana Bafana (P M Jacobs) ...................................................................... 143 Bafana Bafana (J L Hartnick) ............................................................ 362, 2856 Bafana Bafana (M Skwatsha) ........................................................... 694, 2568 Bafana Bafana (Z C Stali) ......................................................................... 2779 Bhemgee, James (J L Hartnick) ................................................................ 2815 Belgravia High School (Y Gabru) ................................................................ 610 Blom, John (J Witbooi) .............................................................................. 2816 Botha, R J (E H Eloff)................................................................................ 3034 Brackenfell High School (A J D Marais) ...................................................... 754 Brown, Egnall (A J D Marais) .................................................................... 2935 City of Cape Town(C Labuschagne) ......................................................... 2780 Cloete, Mr Anthony, Top Performer at Cape Agri Academy (A Rossouw) ..................................................................................... 1108 Cloetesville High School (H P Geyer) ......................................................... 788 Commissioner Petros and SAPS (P Uys) ................................................... 787 Community of Hangberg, Sanparks and Western Cape High Court (L Brown) ................................................................................ 2707 Comrade James Ngculu (M Skwatsha)..................................................... 1070 COSATU (L Brown) .................................................................................. 3062 Dale-Roberts, Chef Luke and his team from La Colombe (E H Eloff) ....... 2179 Danie Steytler (H P Geyer) ......................................................................... 756 DA on victory in Worcester (J J Visser)..................................................... 1891 Darul Islam Islamic High School (E H Eloff) .............................................. 2818 Defeat of Pirates by Kaizer Chiefs (M Ncedana) ...................................... 2941 Department of Agriculture (M C Walters) .................................................... 756 Department of Science and Technology, Sun Space and University of Stellenbosch (M Ozinsky) ................................................................... 789 Deon Bruintjies (A J D Marais) .................................................................... 785 Dickson, Margaret (J Witbooi) ................................................................... 2709 Drum Majorettes, Eight of SWD (E Prins) ................................................. 2464

(vii) Du Toit, Natalie (A Rossouw) .................................................................... 2655 Du Toit, Natalie (J L Hartnick) ................................................................... 1644 Educators awarded gold stars (C F Beerwinkel) ....................................... 2655 Eksteen, Messrs B (E H Eloff) .................................................................. 3034 Ehrenreich, Tony (P Uys) .......................................................................... 2935 Eid Mubarak (H P Geyer) .......................................................................... 2857 Emergency Services Staff (J Witbooi) ...................................................... 1128 End Conscription Campaign (M Ozinsky) ................................................... 940 Equal Education (C F Beerwinkel) ............................................................ 2411 Farmworkers of the Year, 2009 (J L Hartnick) ............................................ 986 Ferreira, G T (H P Geyer) ......................................................................... 2523 Fisher, Mr Adam (M C Walters) .................................................................. 363 Fortuin, Chantel (A Rossouw) ................................................................... 2349 Four schools in 100 School Survey (Y Gabru) ............................................ 908 Gebenga, Anelisiwe (A J D Marais) .......................................................... 2349 Gold Medal for Surf Life Saving (M G E Wiley) ........................................... 541 Grade 12 learners (L Brown) .................................................................... 2704 Hanekom, Mr A, on election (E J von Brandis) ......................................... 1892 Hansby, Ricardo (E J von Brandis) ........................................................... 3059 Hanukkah celebrations (M C Walters) ...................................................... 3033 Hattingh, Adele (M C Walters) .................................................................. 2523 Herbert, Willem (H P Geyer) ..................................................................... 2781

Hip Hop teams of Western Cape (A J D Marais) ...................................... 2777 Home from home (M Tingwe) ................................................................... 3262 Homeless Soccer World Cup Tournament (N P Magwaza) ........................ 753 Jenner, Minister - Department of the Premier (A J D Marais) ........... 2351 Jewish Community (A Rossouw) ................................................................ 753 Jewish Community (J J Visser) ................................................................. 2570 Jongile, Amahle (J L Hartnick) ................................................................. 2933 KaapRapport and Van Loveren Town of the Year Competition (E J Von Brandis) ............................................................................... 659 Kaizer Chiefs and Orlando Pirates (M Ncedana) ........................................ 989 Kallis, Jacques (C F Beerwinkel) .............................................................. 2936 Key Figures in Western Cape Agriculture (M C Walters) .......................... 2780 Kotana, Loyiso (V Hani) ............................................................................ 2819 Kotze Dewaldre (C F Beerwinkel) ............................................................. 2377 Kraaifontein Police Station (P W Cupido) ................................................. 2569 Labuschagne, Catherine fighter pilot (C Labuschagne)............................2658 Langeberg on change of name (E H Eloff) .................................................. 839 Lange, Malcolm (E H Eloff) ....................................................................... 1646 Le Roux, Marlene (J L Hartnick) ............................................................... 2465 Liverpool (P C McKenzie) ........................................................................... 939 Luhlaza High School to pupils (C F Beerwinkel) ....................................... 2657 Mama Albertina Sisulu (V Hani) ................................................................ 2778 Management: Silwerkruin Home for the Elderly, Wellington (J J Visser) ....................................................................................... 1040 Mandela, Nelson: 92nd birthday (M Skwatsha) .......................................... 2375 Manyonga, Luvo (Z C Stali) ...................................................................... 2410 Maritz, Jan (A Rossouw) ........................................................................... 2305 Matie Students (C F Beerwinkel) .............................................................. 2707 Matric learners, peace and calm to (C F Beerwinkel) ............................... 3064 Meerendal Wine Estate on gold medal (E Prins) ...................................... 1892 Members of Provincial Parliament (E H Eloff) ........................................... 3261

(viii) Minister Alan Winde: saving of drowning woman (E J von Brandis) ......... 2352 Minister of Agriculture (M C Walters) ........................................................ 2856 Minister of Health (P C McKenzie) ............................................................ 2483 Minister Leonard Max (A J du T Marais) ................................................... 2262 Minister on compilation of guide (J J Visser) ............................................. 1645 Mocke, Mr Dawid (M G E Wiley) ............................................................... 1293 Mokoena, Aaron (V Hani) ......................................................................... 2938 Mosiela High School (M G E Wiley) ............................................................ 789 MPP Jennifer Hartnick (A Rossouw) ......................................................... 2464 MPP Jennifer Hartnick (H P Geyer) .......................................................... 2482 Muggels, Mr Hendrik (M C Walters) ..................................................... 104,108 Municipalities, most productive (J J Visser) .............................................. 3060 Municipalities of Overstrand, George and Stellenbosch (H P Geyer) ....... 2703 Muslim community (K A Mqulwana) .......................................................... 1069 Muslims on Ramadan (A Rossouw) ............................................................ 611 Mzonke “The Rose of Khayelitsha” Fana (J L Hartnick) ........................... 2776 Mxosana, Luwanda (V Hani) ..................................................................... 2819 M5 Developments Cape and Overstrand Municipality (M C Walters) ......... 988 New Diplomats (M Ozinsky) ........................................................................ 540 Nieuwoudt, Charl (A J du T Marais) .......................................................... 2935 Noolele, Phelokazi (C F Beerwinkel)......................................................... 2939 Ntsiki Biyela (H P Geyer) ........................................................................... 613 Oosthuizen, Louis (J L Hartnick) ............................................................... 2373 Organisers of Robertson Wine, Food and Tourism Festival (E H Eloff) ........................................................................................... 909 Overstrand Municipality (M C Walters) ....................................................... 939 Peggy De Villiers (C Labuschagne) ............................................................ 755 Radio Sonder Grense and Agri Wes-Cape (M C Walters) ........................ 3064 Repair of air conditioning in house (A J du T Marais) ............................... 2658 Petros, Gen (P C McKenzie) ..................................................................... 2478 Rianie Strydom (A J D Marais) ................................................................... 757 Premier (M C Walters) .............................................................................. 2856 President Jacob Zuma on taking Aids test (J Witbooi) .............................. 2176 Principal of Gardens Commercial High School (C F Beerwinkel) ............. 2782 Provincial Athletic Trials (C F Beerwinkel) ................................................ 2306 SA Academy for Science and Arts (H P Geyer) .......................................... 658 SA Commonwealth team (Z C Stali) ......................................................... 2710 SA Cricket Team (E H Eloff) ....................................................................... 790 SA Government (P Uys) ........................................................................... 2937 SAPS (M G E Wiley) ................................................................................. 2855 SAPS AND NPA (M Ozinsky)..................................................................... 3262 Saldanha Municipality (M Skwatsha) .......................................................... 988 Sandes, Mr Ryan (M G E Wiley) ............................................................... 3063 Semenya, Castor (E Prins) ....................................................................... 2480 Simon, Ray Alexander (M Tingwe) ........................................................... 2937 Solomons, Boebie (C F Beerwinkel) ......................................................... 2466 Somers, Christo (M C Walters) ................................................................. 2818 South Africa Government (L Brown) ......................................................... 2816 South African Police Service (M G E Wiley) ............................................. 2350 Springbok ................................................................................................. 2855 Springboks (E Prins) ................................................................................... 754 Springboks (J L Hartnick) ..................................................................... 540,658 Springboks (P C McKenzie) ........................................................................ 692

(ix) Springboks (Z C Stali) ............................................................................... 3031 Springbok Team (E H Eloff) ...................................................................... 2522 Springfield High School (C F Beerwinkel) ................................................. 2348 Stellenbosch University Choir (J L Hartnick) ............................................. 2410 Steyn Elize (A Rossouw) .......................................................................... 2349 Students and Institutions (J Witbooi) ........................................................ 2782 Sunflower Fund Ladies (M C Walters) ...................................................... 2466 SWD Rugby Union on victory over Griffins (J L Hartnick) ......................... 2659 Team Zealous of Stellenbosch High School (J L Hartnick) ......................... 695 Theewaterskloof Municipality (E J von Brandis) ....................................... 2777 Tygerberg Children’s Choir (J L Hartnick) ................................................. 2410 Vasco da Gama Football Club (Z C Stali) ................................................. 1595 Vasco Da Gama Soccer Club (J L Hartnick) ............................................. 3032 Volunteers during strike (V Hani) .............................................................. 2482 Wacky Wine Festival (E H Eloff) ............................................................... 2348 WCDOE (A Rossouw)............................................................................... 3030 Weideman, Philip (A J du Toit Marais) ...................................................... 2230 Wentzel, Sean (V Hani) ............................................................................ 2711 Western Cape Primary Schools Athletics Team (C F Beerwinkel) ............ 1644 Western Cape Women Farmers of the Year (M C Walters) ........................ 659 Winners at annual excellence in healthcare gala award Ceremony (A J du Toit Marais) ......................................................... 3260 Winners of national female farmer competition (J J Visser) ...................... 2461 Winners: Productivity SA (E H Eloff) ........................................................... 986 Wishing Muslim community strength and best wishes with Ramadan Kareem (H P Geyer) ........................................................ 2460 World Cup Draw (P M Jacobs) ................................................................. 1108 World Transplant Games (J L Hartnick) ...................................................... 693 WP Currie Cup rugby team (Z C Stali) ...................................................... 2615 WP Junior Jukskei Team at SA Championships (J A van Zyl) .................. 1350 WP Rugby (P C McKenzie) ......................................................................... 838 WP Rugby teams (Z C Stali) ..................................................................... 2705 WP Rugby team on victory over sharks (J J Visser) ................................. 2656 Yende, Pretty (J L Hartnick) .............................................................. 755, 2408 Corruption in Cape traffic department – Motion ........................................ 2815 Corruption in municipalities – Motion ........................................................ 2928 DA’s disregard for minimum standards for sanitation and provision of toilets to poor – Motion ................................................... 2518 DA’s failure to bring down drug and related crimes – Motion ............................ 2611 DA’s Half-hearted commitment to release sufficient land for Greenfields development – Motion ........................................................... 2771 DA Political Appointments – Motion .................................................................... 361 DA Programme: Road to 2011 – Motion ............................................................. 655 DA public representative accused of rape – Motion .......................................... 2347 DA-run municipalities: incompetence of to secure base camps for Fifa World Cup – Motion ........................................................................... 2346 DA's inability to mobilise young people regarding social cohesion – Motion ..... 1894 Dashboard Management System, Failure of – Motion ........................................ 593 DA’s Xenophobia – Motion ................................................................................ 2561 Debate on service delivery at clinics and schools – Motion ............................... 2926 Deafness – Motion ............................................................................................ 2521 Death of psychiatric patient at Karl Bremer Hospital – Motion ............................ 834 Deaths in informal areas in Cape Town, continuing – Motion ........................... 2562

(x) Decade's child rights heroes: Nelson Mandela and Graça Machel – Motion ..... 1039 Decisions of Executive Members of previous Provincial Government – Motion ............................................................... 2404 Deliberate funding cuts in Department of Social Development – Motion ........... 2772 Delivery of housing, alternative technology in – Motion ...................................... 936 Democratic Alliance’s silence on farm murders – Motion .................................. 2930 Demolition of places of worship by City of Cape Town – Motion ....................... 1642 Deputy Speaker: Announcement .......................................................................................... 1069 Election of ....................................................................................................... 5 Rulings .................................................................................... 528, 1583, 2333 Deployments by Premier in Western Cape – Motion ......................................... 2561

Deputy Speaker on 18 August 2009, Behaviour of – Motion ............................... 691 Dire straits of farmers and communities in Southern Cape – Motion .................. 904 Disability Initiatives – Motion ............................................................................. 1128 Discharged from Ad Hoc Committee, Mr E J von Brandis – Motion .................... 837 Dismissal of appeal of man convicted of stabbing Mcebisi Skwatsha – Motion ...................................................................... 3063 Documentary Evidence, Manipulation and disappearance of – Motion ............... 306 Drop in Khayelitsha’s infant HIV infection rate – Motion .................................... 3263 Drought assistance to farmers – Motion ............................................................ 2300 Drought in Karoo– Motion ................................................................................. 3028 Drownings of schoolchildren – Motion ............................................................... 1590 Drug dealers, Marches against – Motion ............................................................ 606 Dumping of babies and control measures – Motion ......................................... 2519 Economic and environmental developments, importance of Motion ................. 2369 Economic growth only in open, opportunity society – Motion ............................ 1592 Economic potential and forecast beyond 2010 – Motion ..................................... 835 Economic Recession – Motion .................................................................... 538 Efforts of ANC Government to Restrict Media Freedom – Motion ............ 2459 Eid: 27 November 2009 – Motion ............................................................. 1107 Eight lives lost in fire in Khayelitsha town two – Motion .................................... 2571 Environmental and Health Issues – Motion ............................................... 1744 Eskom tariff increase and top management – Motion ............................... 1010 Eskom's tariff increases – Motion ............................................................. 1642 Establishment of ad hoc committee – Motion ........................................... 2614 Exclusion of members from summit on baby dumping – Motion ............... 2923 Exclusion of small- scale farmers from summit – Motion .......................... 2926 Executive statement by the Minister of Local Government, Environmental Affairs and Development Planning ........................... 2334 Expenditure of City of Cape Town – Motion .............................................. 2407 Expenditure of ratepayers’ money – Motion .............................................. 2561 Failure of City of Cape Town to investigate company accused of using black people for fronting when tendering – Motion ............................................ 3034 Family Expo in May – Motion ............................................................................ 2232 Farm Worker Forum – Motion ........................................................................... 2230 Farms: violating health and remuneration legislation – Motion .......................... 2370 Farming, small-scale – economic feasibility of – Motion ........................... 2299 Fatal injury of Gavin Engelke and Keenan van Wyk – Motion .................. 2261 Fatal taxi accident on Constantia Main Road – Motion ............................. 2303 Filthy areas the poor live in – Motion ........................................................ 1593 Financial Governance Review and Outlook, 2009 – Tabling .................... 1599 Food bank for excess produced food – Motion ......................................... 2774

(xi) Football world cup: gratitude to citizens – Motion ..................................... 2372 Freedom Charter: Achievement of its aims – Motion .......................................... 363 Free housing policy, rethink of – Motion .............................................................. 905 Free State University racist photos – Motion ..................................................... 2928 Free trade ports, Establishment of – Motion ...................................................... 2256 Free Trade Zone/Port in Cape Town, Establishment of – Motion ........................ 688 Full and effective interpretation service – Motion .............................................. 1037 Funding to educare centre stopped – Motion .................................................... 2814 Future of Somerset Hospital – Motion ............................................................... 2173 Gang-related violence on Cape Flats – Motion ................................................. 2257 George Municipality: Nexus Report – Motion .................................................... 2610 Good wishes for Cape Argus Pick 'n Pay Cycle Tour – Motion ......................... 1596 Governance of Robben Island – motion ............................................................ 2770 Gratitude and appreciation to committee coordinators – Motion ....................... 2521 Green Point Stadium, Escalating costs of – Motion ............................................ 746 H1N1 Virus, Number of deaths as a result of – Motion ....................................... 784 Health Practitioners: Scrapping of names – Motion ............................................ 607 Health Rights and responsibilities, Review of – Motion ....................................... 655 Heavy rains in Western Cape – Motion ............................................................. 2227 Heroic action of Lubalalo Msutwana – Motion ................................................... 2660 Hip Hop Media Lounge and Other projects: Rasool’s and Fransman’s – Involvement in – Motion ............................................................ 2403 Hillview Housing Development Project, Delay in – Motion ................................ 2256 Hours of sitting – Motion .......................................................................... 2933, 3130 House, Business of – Motions ................. 16, 80,110,266,443,879,1084,1281,1602, ............................................................................. 1735, 2165, 2250 Houses, Poor quality – Motion ............................................................................ 690 Housing development in Delft – Motion ............................................................... 934 Housing subsidies, Approval of – Motion .......................................................... 2226 Hout Bay, Building of new housing units in – Motion ........................................... 590 Hypocrisy of Provincial Government – Motion ................................................... 2772 ID-ANC Coalition – Motion ................................................................................ 2403 Illegal sale of state-subsidised home – Motion .................................................. 2773 Impact of civil servant strike on service delivery and economic development in Western Cape – Motion ............................................................................ 2478 Impact of gang violence – Motion ...................................................................... 2799 Impact of minibus taxis – Motion ....................................................................... 2611 Implementation of Planning Act, 1999: debate – Motion ................................... 1593 Implementation of Western Cape Planning and Development Act – Motion ................................................................................................. 1895 Importance of conservation of biodiversity resources – Motion ......................... 2698 Inability of City of Cape Town to spend its Capital – Motion .............................. 2460 Inability of PGWC to address gang violence – Motion ...................................... 2702 Incorporation of municipal police in SAPS – Motion .......................................... 1893 Increased property rates – Motion ..................................................................... 1592 Inferior service delivery to poor people – Motion ............................................... 2923 Initiation sites – Motion ...................................................................................... 2374 Insp Robert Paulson Suspended – Motion ........................................................ 3059 Inspector Wiese and women of Drew, Bonnievale for Hospitality during search for bodies, Thanks to – Motion ........................................................ 542 International Children’s Day – Motion................................................................ 2303 International Nurses Day – Motion .................................................................... 2229 Investigation: misleading of House by Premier – Motion ..................................... 906

(xii) Kenny Africa, Appointment of – Motion ............................................................. 2225 Khayelitsha denied extra policing – Motion ....................................................... 2929 Killing of Mgqontshi and Ncatana couple in Philippi East – Motion ..................... 752 Khayelitsha Protest, Policeman injured in – Motion ............................................ 612 Knight, Claire – speedy recovery to – Motion .................................................... 2616 Lack of job opportunities for emerging businesses in Western Cape – Motion . 2563 Land from Stellenbosch Municipality to Fifa, Transfer of – Motion ...................... 536 Legal right of provincial government to remove blue lights from police escorts – Motion ..................................................................... 2932 Lewis, Tobias – Motion ...................................................................................... 2656 Maintenance of Flats in Townships – Motion .................................................... 2477 Mandela Park Housing – Motion ......................................................................... 782 Manipulation of Crime Figures in Western Cape – Motion ................................ 2477 Measles outbreak in province – Motion ............................................................. 2122 MEC De Lille’s reluctance to provide more alternative systems of facilities – Motion .................................................................................. 2701 MEC for Community Safety: Role and Duties – Motion ....................................... 609 MEC for Community Safety: Utterances on Dewani murder by – Motion .......... 2931 MEC of community safety negotiating with gangsters – Motion ........................ 2813 MEC for Education, Wasteful expenditure by – Motion ....................................... 592 MEC: Leaking of SAPS information and attack on Commissioner – Motion ........ 362 MEC’s to present their departments’ strategic objectives – Motion ................... 2689 MEC Winde’s decision to close down some Red Door venues – Motion .......... 2613 Members, Embarrassment and poor treatment of – Motion ................................ 689 Members, new: Election of Premier and Speaker of Western Cape Provincial Parliament ....................................................................................................... 2 Oath or Solemn Affirmation ............................................................................. 1 Members, Statements by .... 9,96,298,528,582,597,648,679,739,775,825,898, ................................. 924, 970, 1004, 1029,1101,1281,1287,1583,1635,1735, ................................. 2165, 2115, 2219, 2250, 2291, 2338, 2362, 2397, 2453, .................................. 2469, 2511, 2549, 2601, 2642, 2691, 2763, 2806, 2850 .................................................................................... 2916, 2994, 3020, 3254 Members not dealt with even-handedly – Motion ...................................... 2927 Minister and HOD on LUPO’s Unconstitutionality – Motion ...................... 2773 Misleading pamphlet regarding extension of R300 – Motion ...................... 982 Misrepresentations by ANC – Motion ......................................................... 834 Misuse of Office by Minister for Social Development – Motion ................. 2649 Mitchells Plain Policing and Vigilantism – Motion ....................................... 749 Mr J J Visser: Statement on Women during debate – Motion ..................... 610 Modernisation Programme of Provincial Government – Motion .................. 608 Money-lenders and shebeen owners: effect and impact of – Motion ........ 2371 Manipulation by EMS Staff of Triage System – Motion ............................. 2405 Municipal Disaster Management Plans, Investigation into – Motion ........... 783 Municipal Pools, Swimming Training Programmes at – Motion .................. 690 Municipal rates fiasco – Motion ................................................................. 2259 MyCiTibus system – motion ...................................................................... 2770 Name Changes – Motion .......................................................................... 1745 Name change of streets and public places by DA – Motion ...................... 2650 National Minister of Police – Motion .......................................................... 2375 NCOP: Appointment of T B Beyleveldt ......................................................... 2654 Authority of delegation to ........................................................................ 6

(xiii) Permanent delegates, Appointment of ................................................... 5 New National Youth Agency – Motion ................................................................. 143 Non-attendance of committee clerk: no committee meeting held – Motion ....... 1643 Not debating motions of certain members – Motion .......................................... 2931 NSRI Rescue Operation: Crew of Seli 1 – Motion ............................................... 752 Office of the Speaker: Xenophobia Campaign – Motion...................................... 362 Official of City Council demoted – Motion .......................................................... 2344 Offloading of Corpses – Motion ......................................................................... 1745 Older Persons Act, implementation of – Motion ................................................ 2370 Organ Donor Month – Motion .............................................................................. 612 Organ Donor Month as August – Motion ........................................................... 2409 Open opportunity society – Motion ...................................................................... 606 Overberg Municipal Council – Motion................................................................ 2936 Oversight role of Provincial Parliament, Importance of – Motion ....................... 2259 Overstrand Municipality Land Sale – Motion ....................................................... 539 Overstrand Municipality: 2009 Cleanest Town Competition – Motion ............... 1109 Parliamentary Committees: Importance and Impact – Motion ............................. 657 Parliamentary Committees, Importance of ........................................................ 2345 Partnering with non-profit organisations – Motion ............................................. 1745 Paulse, Ms S U, Statement of – Motion ............................................................... 656 Personal Explanation: (P W Cupido) .............................................................................................. 775 PHP: support by Department of Human Settlements – Motion ................. 2122 Piracy by State of Israel – Motion ............................................................. 2300 Plight of residents of Leonsdale – Motion ................................................. 2260 Politicising appointment of secretary to parliament – motion .................... 2563 Pollution of Eerste River – Motion ....................................................................... 935 Pollution of water resources, Control of – Motion .............................................. 2227 Poor Service delivery with Housing in Oudtshoorn – Motion ............................. 2477 Postponement of discussion of 2009-10 annual report – Motion ....................... 2947 Power between Executive and Legislature, Separation of – Motion .................... 687 Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act – Motion ................................................................................................ 266 Pregnancy, rewarding girls who don’t fall pregnant – Motion ............................ 2299 Premier: Election of ....................................................................................................... 2 Opening Address of ............................................................................ 22, 1445 Opening Address of – Debate ......................................................... 39,72,1468 Executive Statement ................................................................................. 2393 Premier and DA’s Protection of Mr Kenny Africa – Motion ................................ 2699 Premier, Misleading statements by – Motion ......................................................... 15 Premier’s rejection of SAHRC ruling on Makhaza housing debacle – Motion .. 2404 Premier, Remuneration of – Motion................................................................... 1084 Premier, Secondment of staff to office of – Motion ................................................ 15 Premier's SOPA announcement: debate – Motion ............................................ 1591 Premier: Undermining Stellenbosch Municipality – Motion .................................. 750 Preparedness for epidemics – Motion ............................................................... 1590 Primary healthcare in the Western Cape – Motion ............................................ 2925 Princess Vlei: Economic and Environmental implications of shopping mall – Motion ................................................................................................... 748 Problems in Housing Project, our Pride, in Eerste River – Motion .................... 2922 Provincial Development Council, Closing down of – Motion .............................. 2225 Provincial Economic Review and Outlook – Tabling and consideration ............ 1042

(xiv) Provincial Legislature, disregarding of isiXhosa language in – Motion ................ 982 Province, Anti-Poverty Strategy in – Motion ........................................................ 690 Province, child abuse in – Motion ........................................................................ 905 Province, Violence in Sport in – Motion ............................................................... 609 Provincial Parliament, Oversight role of – Motion ................................................ 748 Provincial Roads, High accident rate on – Motion ............................................... 655 Public school problems and resources – Motion ................................................. 836 Radio appearances by Premier and Mayor of city of Cape Town – Motion ....... 2564 Raid on House in Storms River way, Mannenberg – Motion ............................. 2699 Raids on communities of Somali origin – Motion ............................................... 2775 Rail Commuter Action Group: Mr Leslie Van Minnen – Motion ........................... 144 Rapid Transit project hits brick wall – Motion .................................................... 2930 Reconciliation Day – Motion .............................................................................. 3261 Reduction of Red Door facilities – Motion ......................................................... 2699 Removal of small business traders – Motion ..................................................... 2226 Remuneration of Premier – Motion ................................................................... 3019 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) .................................... 1624 Report of Auditor-General: Contracts given to Civil Servants – Motion ............... 142 Report of Budget Committee on Division of Revenue Bill [B4—2010] (NCOP)(Consideration) ................................................................... 1635, 1735 Report of Budget Committee on Medium-Term Budget Policy Statement ................. (2010-2013) and Provincial Economic Review and Outlook (Consideration) ......................................................................................... 1109 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ................... 1273 Report of Conduct Committee on complaints lodged against current and former Members of Western Cape Provincial Parliament – Motion ...................... 1011 Report on role of Pieter van Dalen in shooting of two children in Khayelitsha – Motion ......................................................... 2520 Report of Standing Committee on Community Development on Social assistance Amendment bill [B5B—2010] (Consideration) ......................................................................................... 2503 Report of Standing Committee on Education, Cultural Affairs and Sport on Higher Education and Training Laws Amendment Bill [B26B—2010] (NCOP)(Consideration) ........................................... 2763, 2862 Report of Standing Committee on Education, Cultural Affairs and Sport on visit to Uitzig Secondary School (Consideration) ...................................... 1012 Report of the Standing Committee on Finance, Economic development and 2010 world cup on Division of Revenue Amendment Bill [B35—2010] (NCOP) (Consideration) ................................................. 2862 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) .............................................. 757,790 Report of standing committee on community safety on independent Police investigative directorate Bill [b 15b— 2010] and civilian Secretariat for police service bill [B16B—2010] (Consideration) ..... 2821, 2862 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) ........................... 2736 Report of Standing Committee on Governance on National House of Traditional Leaders Bill (NCOP) (Consideration) ........................................ 910 Report of Standing Committee on Governance on Traditional Leadership and Government Framework Amendment Bill (NCOP) (Consideration) .............................................................................. 910

(xv) Report of the Standing Committee on Governance on the Black Authorities Act Repeal Bill [B 9–2010] (NCOP) (Consideration) ............ 2641, 2763, 2828 Resolution of ad hoc committee amended – Motion ......................................... 2923 Results of Oudtshoorn by-elections – Motion .................................................... 2652 Revival of Bills – Motion .................................................................................... 1599 Rift Valley fever in province – Motion ................................................................ 2123 Roadblocks over weekend – Motion.................................................................. 2567 Role of Mr Walters in encouraging Overstrand Municipality to commission Report – Motion .................................................................................. 904 Role of Mark Wiley after Hangberg shootings – Motion .................................... 2652 Role of seat of national Parliament in nation-building – Motion ........................... 932 Rules Committee: Representation of parties ................................................................................ 7 Rural Areas, Socio-Welfare and economic circumstances in – Motion ............... 746 Rural Development: Optimisation – Motion ......................................................... 538 Saartjie Baartman Centre – Motion ..................................................................... 143 Safe festive season to motorists and pedestrians – Motion .............................. 1293 Safe Transportation of Learners – Motion ......................................................... 2518 Safety and well-being of children over festive season – Motion ........................ 1294 Safety of personnel at hospitals – Motion .......................................................... 2257 Salutation to Desmond Mutengo – Motion ........................................................ 2710 Salutation to Samora Machel Community – Motion ........................................... 2709 Salutations to Thembisa Dondoshe – Motion .................................................... 2820 SAPS: Lie detector tests – Motion ......................................................................... 37 SA Roadlink Bus Service: statement by MEC – Motion .................................... 2123 School buses near Botriver – Motion................................................................. 2481 School libraries, state and funding of – Motion .................................................... 981 Schools, Violence in – Motion ............................................................................. 539 Secrecy around cabinet reshuffle – Motion ....................................................... 2560 Selective invitations to launch – Motion ............................................................. 2925 Shortage of flu vaccines – Motion ..................................................................... 2176 Sign language, recognition of in communities – Motion .................................... 2371 Silence of MEC for community safety about gang-related deaths – Motion ...... 2653 Sitting, Hours of – Motion .................................................................................. 1802 Social challenges of single parents – Motion .................................................... 2815 Social Transformation Programme, Continuation of – Motion ............................. 689 Speaker: Acceptance speech by .................................................................................... 4 Announcements .................................................................... 1029, 1445, 1468 Apology by Deputy Speaker ....................................................................... 824 Celebrating our cultural diversity ............................................................... 2621 Conduct in House ....................................................................................... 596 Debates of ........................................................ 80,560,1085,1129,1602, 2352 Election of ...................................................................................................... 2 Interpretation ............................................................................................... 969 Rulings ........................... 72, 109, 329, 360, 646, 678, 968, 2219, 2573, 2662, ....................................................... 2663, 2798, 2799, 2849, 3253, 3271 Using ICT to Advance Rights of Women................................................... 2430 Speaker's car accident – Motion ......................................................................... 747 Special Needs Schools: Learners at – Motion .................................................. 2405 Spending on informal settlements – Motion ...................................................... 2347 Sport as unifying factor – Motion ......................................................................... 747 Sports Day, Change of date of – Motion ............................................................. 688

(xvi) Stellenbosch, Proposed soccer stadium in – Motion ........................................... 606 Street people in Cape Town and rest of province, Condition and care of – Motion .................................................................................................... 2174 Students, Study bursaries to – Motion ................................................................. 750 Success of Safely Home Project – Motion ........................................................ 2700 Subjects for discussion: Burglaries, vandalism and theft at state schools ....................................... 2378 Conditions in places where poor people live ............................................. 2524 Crisis in Hangberg .................................................................................... 2661 Freedom Day: 16 Years later .................................................................... 2180 Governance of Robben Island .................................................................. 2828 Heritage Day ............................................................................................... 809 Heavy burden on road infrastructure in Western Cape ............................... 989 High levels of pollution in water of Eerste River ........................................ 1012 Housing development in Delft ................................................................... 1047 Impact of alcohol and drug abuse on family system ................................... 661 Impact of ANC Government on Service delivery in Western Cape ............. 542 Impact of Economic Recession on Western Cape and steps to prevent ......... recession ............................................................................................ 695 Lack of development for young people ..................................................... 2262 Outcomes of 2009-10 annual reports ............................................. 2946, 2949 Oversight role and responsibility of Provincial Government ...................... 2484 Policing in Mitchells Plain ............................................................................ 879 Problems in Bitou Municipality .................................................................... 940 Removal of small business traders ........................................................... 2307 Safety on public transport in Western Cape .............................................. 2232 Sixteen days of activism for no violence against women and children and international aids day................................................................. 2996 Social and economic circumstances of those in remote rural areas ........... 840 Social challenges with which single parents in Western Cape are confronted on daily basis .................................................................. 2863 Statements made by Premier ..................................................................... 618 Summonses served on unemployed tenants in townships – Motion ................. 2300 Supply chain management and role of speaker and politicians in awarding of tenders and contracts – Motion ................................. 2519 Support to WP in Currie Cup final – Motion ....................................................... 2783

Surprise visit by President Zuma – Motion ........................................................ 2569 Suspension of public sector strike by Unions – Motion ..................................... 2568 Suspension of Rule 152(3) – Motion ................................................................. 3062 Swellendam Municipality: offences, anomalies and bottlenecks – Motion ......... 2346 Swine Flu, Preparations for outbreak of – Motion ............................................... 591 Targeting of prostitutes – Motion ......................................................................... 833 Taxi crash: wishes for speedy recovery – Motion .............................................. 2569 Taxi Drivers, Course on Road Etiquette for – Motion .......................................... 688 Taxis, Reckless driving of – Motion ..................................................................... 306 Taxi Strike – Motion........................................................................................... 1744 Teenage pregnancies – Motion ......................................................................... 2560 Temporary Chairpersons: Appointment of ................................................................................................ 7 Textile and clothing workers' struggle – Motion ................................................... 751 Thanks and good wishes to Dr Boesak – Motion ................................................ 987 Thanks to Disaster Control Centre – Motion ..................................................... 1597 Thanks to SAPS, Metro Police, Premier and Mr J P Smith – Motion .................. 938

(xvii) Three Life Sentences for Farm Murderer – Motion ........................................... 2940

Tik dealers receiving grants – Motion .................................................................. 784 Transnet strike, Impact of – Motion ................................................................... 2259 Transport crisis: Government's response – Motion ............................................. 607 Tygerberg, New Hospital at – Motion .................................................................. 686 Unauthorised payments and tender processes of – Motion ................................ 656 Unblocking of blocked housing projects – Motion ............................................. 2123 Unconstitutional interference in Overberg municipality – Motion ....................... 2653 Undermining of Constitution of Republic of South Africa – motion .................... 2771 Underutilisation of former Model C school buildings – Motion ........................... 1895 Unemployment, high rate of – Motion................................................................ 2347 Upgrade of George airport – Motion .................................................................. 3031 Unguarded Rail Crossings – Motion .................................................................. 2518 Unhealthy Conditions in TRAS – Motion ........................................................... 2405 Unruly conduct of Ravensmead DA councillor – Motion...................................... 835 Unsafe and unguarded rail level crossings – Motion ......................................... 2775 Upcoming tourism entrepreneur – Motion ......................................................... 2229 Utilisation of Stadiums in Western Cape – Motion ............................................ 2476 Unwillingness of DA to supply toilets – Motion .................................................. 2813 Victims die in fire in Khayelitsha Kalkfontein – Motion ...................................... 3029 Victims of houses burnt down in Khayelitsha, Heideveld and Belhar – Motion ......................................................................................... 2567 Victim of human trafficking saved – Motion ....................................................... 2934 Victims of taxi disaster in Blackheath – Motion ................................................. 2520 Violence in schools – Motion ............................................................................. 2257 Violence on our trains – Motion ......................................................................... 2175 Vindictive war on poor by DA-Led government – Motion................................... 2652 Water crisis under DA Government – Motion .................................................... 2932

Wastage of taxpayers’ money by DA – Motion .................................................. 2700 WCED, Educator posts in – Motion ..................................................................... 784 WCED, High number of sexual abuse cases in – Motion .................................... 591 WCED: vacant posts and supply of qualified teachers – Motion ......................... 832 WCPP’S unqualified Audit Report – Motion ...................................................... 2407 Weltevreden School in Mitchells Plain: closure of – Motion .............................. 2649 Western Cape Agricultural Sector, awards in – Motion ....................................... 907 Western Cape Department of Agriculture – Motion ........................................... 2615 Western Cape, Free pap smears for Women in – Motion ................................... 594 Western Cape Model of Land Reform – Motion ................................................ 2403 Western Cape, Storm damage in – Motion ......................................................... 364 Western Cape Hospitals, Security and Safety of – Motion .................................. 537 Western Cape Provincial Parliament, Modernisation Strategy of – Motion ......... 592 Western Cape road infrastructure – Motion ......................................................... 935 Western Cape Spatial Development Framework – Motion .................................. 937 Widening of racial divide under DA government – Motion ................................. 2774 Women in Western Cape Province, Status of – Motion......................................... 16 Woodstock Police Station, Crime situation around and its proposed move – Motion .................................................................................................... 2175 Xenophobia in De Doorns: investigative and disciplinary process – Motion .................................................................................................... 1036 Xenophobia, plans to deal with – Motion ........................................................... 2346 Xenophobic violence in province – Motion ........................................................ 2369 Young Adult Youth, Issue of – Motion ................................................................... 16 Zero-tolerance approach of WCED – Motion .................................................... 1894

(xviii) 2010 Soccer: involvement of structures in sports, arts and culture – Motion .................................................................................................... 1592 2010 Soccer World Cup, Legacy of – Motion .................................................... 2225 2010 Soccer World Cup: Public Transport – Motion ........................................... 538 2010 Soccer World Cup, Readiness of Western Cape hospitals for – Motion .................................................................................................... 2258 2010 Soccer World Cup Tournament, disaster management readiness during Motion ......................................................................................................... 932 2010 Soccer World Cup Tournament, preparations for – Motion ........................ 906 2010 Soccer World Cup Tournament: Sex industry and Human Trafficking – Motion ...................................................................................................... 748

(i)

INDEX TO SPEECHES

ADAMS, F (NCOP) Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) .............................................. 758,795 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .......................... 2738 Statements .......................................................................................................... 685 BEERWINKEL, C F Ad Hoc Committee on nomination of Public Service Commissioner ................... 915 Allegations against Eindhoven Primary School in Delft .................................... 2702 City of Cape Town, implications of growth of ...................................................... 932 Children, conditions under which children grow up ........................................... 2304 Condolence, Motion of: Death of two boys from George gymnasium ............................................ 2660 Family of seven and baby ......................................................................... 1746 Schoolchildren and those who have died playing sport ............................ 1595 Confusion caused by MEC Grant’s announcement .......................................... 2612 Congratulations: Educators awarded gold stars .................................................................. 2655 Equal Education ....................................................................................... 2411 Hector Peterson High School ................................................................... 2619 Kallis, Jacques ................................................................................................. 293 Kotze Dewaldre ........................................................................................ 2377 Luhlaza High School to pupils .................................................................. 2657 Principal of Gardens Commercial High School ......................................... 2782 Provincial Athletic Trials ........................................................................... 2306 Matie Students ......................................................................................... 2707 Matric learners, peace and calm to .......................................................... 3064 Noolele, Phelokazi .................................................................................... 2939 Solomons, Boebie .................................................................................... 2466 Springfield High School ............................................................................ 2348 Western Cape Primary Schools Athletics Team ....................................... 1644 Dire straits of farmers and communities in Southern Cape ................................. 904 Drownings of schoolchildren ............................................................................. 1590 Executive statement: De Doorns ...................................................................... 2336 MEC Winde’s decision to close down some Red Door venues ......................... 2613 Misleading pamphlet regarding extension of R300 ............................................. 982 Office of Premier, Secondment of staff ................................................................. 37 Pregnancy, rewarding girls who don’t fall pregnant .......................................... 2299 Premier: Opening Address of .................................................................................. 1513 Princess Vlei: Economic and Environmental implications of shopping mall ............................................................................................................. 748 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) .................................... 1628 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ......................................................................................... 1118 Speaker's Debate: Celebrating our cultural diversity .............................................................. 2623 Special Needs Schools: Learners at ........................................................ 2405

(ii) Statements ............... 582,602,974,1007,2118,2165, 2294, 2364, 2454, 2472, 2513, ............................................................................................... 2604, 2694 Subject for discussion: Conditions in places where poor people live ............................................ 2527 Burglaries, vandalism and theft at state schools ...................................... 2379 High levels of pollution in water of Eerste River ....................................... 1014 Impact of Economic Recession on Western Cape and steps to prevent recession ............................................................................... 701 Lack of development for young people ..................................................... 2268 Policing in Mitchells Plain ........................................................................... 885 Problems in Bitou Municipality .................................................................... 948 Social and economic circumstances of those in remote rural areas ........... 852 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2421 Taxis, Reckless driving of ................................................................................... 306 Underutilisation of former Model C school buildings ......................................... 1895 Weltevreden School in Mitchells Plain: closure of ............................................ 2649 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 9 – Environmental Affairs and Development Planning ..................... 1337 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 5 – Education ................................................................................... 3154 Western Cape Appropriation Bill [B2 – 2009] Vote 12 – Economic Development and Tourism ................................ 347 Vote 9 – Environmental Affairs and Development Planning ............... 377 Vote 10 – Transport and Public Works ............................................... 406 Vote 11 – Agriculture .......................................................................... 498 Western Cape Appropriation Bill [B1—2010] Vote 5 – Education ........................................................................... 1868 Vote 13 – Cultural Affairs and Sport ................................................. 2047 Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) ............................ 3054 Western Cape Spatial Development Framework ........................................ 937 Xenophobia, plans to deal with ................................................................. 2346 Zero-tolerance approach of WCED ........................................................... 1894 BEKKER, J Premier: Opening Address of .......................................................................... 1497 Ad Hoc Committee on nomination of Public Service Commissioner ........... 914 Condolence, Motion of: Mantashe, Madolwana and Cilliers, Messrs ..................................... 1294 Ncedana, Mr V ................................................................................. 1645 Nonzwana, Ntombizonke.................................................................... 908 Executive statement : De Doorns ............................................................. 2337 Houses, Poor quality ................................................................................... 690 Premier: Opening Address of .................................................................... 58, 1518 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) ............................ 1627 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................. 1114

(iii) Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ... 1276 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) .................................. 759,793 Speaker's Debate: Role of Youth in Governance and Citizenship ...................................... 86 16 Days of Activism opposing Violence against Women and Children ................................................................................... 1137 Statements .................................................................... 900, 2117, 2168, 2398 Subject for discussion: Burglaries, vandalism and theft at state schools .............................. 2382 Heavy burden on road infrastructure in Western Cape ...................... 994 High levels of pollution in water of Eerste River ............................... 1018 Impact of alcohol and drug abuse on family system ........................... 663 Impact of ANC Government on Service delivery in Western Cape ..... 546 Problems in Bitou Municipality ............................................................ 952 Removal of small business traders ................................................... 2314 Statements made by Premier ............................................................. 622 Taxis, Reckless driving of .................................................................. 306 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 13 – Cultural Affairs and Sport ................................................. 1231 Vote 12 – Economic Development and Tourism ...................................... 1311 Vote 10 – Transport and Public Works ..................................................... 1324 Vote 1 – Premier ...................................................................................... 1362 Western Cape Appropriation Bill [B2 – 2009] Vote 13 – Cultural Affairs and Sport ........................................................... 202 Vote 1 – Premier ........................................................................................ 223 Vote 6 – Health ........................................................................................... 283 Vote 12 – Economic Development and Tourism ........................................ 345 Vote 10 – Transport and Public Works ....................................................... 403 Western Cape Appropriation Bill [B1—2010] Second Reading ....................................................................................... 1671 Vote 1 – Premier ...................................................................................... 1760 Vote 5 – Education ................................................................................... 1871 Vote 3 – Provincial Treasury .................................................................... 1902 Vote 12 – Economic Development and Tourism ...................................... 1957 Vote 13 – Cultural Affairs and Sport ......................................................... 2045 Vote 10 – Transport and Public Works ..................................................... 2069 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ...................................................... 1081 2010 Soccer World Cup Tournament, preparations for ...................................... 906 BEVU, T N Ad Hoc Committee on nomination of Public Service Commissioner .......... 914 Bitou Municipality: Draft Resolution in terms of Rule 119 ........................ 2582 Condolence, Motion of: Khonjwa, Nombulelo ....................................................................... 3061 Mantashe, Madolwana and Cilliers, Messrs .................................... 1294 Ncedana, Mr V ................................................................................ 1645 Nonzwana, Ntombizonke................................................................... 908 Executive statement : De Doorns ............................................................ 2337 Houses, Poor quality .................................................................................. 690

(iv) Premier: ........................................................................................................ Opening Address of .................................................................... 58,1518 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) ........................... 1627 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................ 1114 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) .. 1276 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ................................. 759,793 Speaker's Debate: Celebrating our cultural diversity ..................................................... 2627 Role of Youth in Governance and Citizenship ..................................... 86 16 Days of Activism opposing Violence against Women and Children .................................................................................. 1137 Statements ............................................................ 900,2117,2168,2471, 2693 Subject for discussion: Burglaries, vandalism and theft at state schools ............................. 2382 Heavy burden on road infrastructure in Western Cape ..................... 994 High levels of pollution in water of Eerste River .............................. 1018 Impact of alcohol and drug abuse on family system .......................... 663 Impact of ANC Government on Service delivery in Western Cape .... 546 Problems in Bitou Municipality ........................................................... 952 Removal of small business traders .................................................. 2314 Statements made by Premier ............................................................ 622 Taxis, Reckless driving of ................................................................. 306 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 13 – Cultural Affairs and Sport ................................................ 1231 Vote 12 – Economic Development and Tourism ............................. 1311 Vote 10 – Transport and Public Works ............................................ 1324 Vote 1 – Premier ............................................................................. 1362 Western Cape Appropriation Bill [B2 – 2009] Vote 13 – Cultural Affairs and Sport .................................................. 202 Vote 1 – Premier ............................................................................... 223 Vote 6 – Health .................................................................................. 283 Vote 12 – Economic Development and Tourism ............................... 345 Vote 10 – Transport and Public Works .............................................. 403 Western Cape Appropriation Bill [B1—2010] Second Reading .............................................................................. 1671 Vote 1 – Premier ............................................................................. 1760 Vote 5 – Education .......................................................................... 1871 Vote 3 – Provincial Treasury ........................................................... 1902 Vote 12 – Economic Development and Tourism ............................. 1957 Vote 13 – Cultural Affairs and Sport ................................................ 2045 Vote 10 – Transport and Public Works ............................................ 2069 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ......................................................................... 1081 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 1 – Premier ...................................................................................... 3103 Vote 8 – Housing ...................................................................................... 3135 Vote 3 – Provincial Treasury .................................................................... 3142 Vote 12 – Economic Development and Tourism ...................................... 3148

(v) 2010 Soccer World Cup Tournament, preparations for ...................................... 906 BOESAK, A A Premier: .................................................................................................................... Opening Address of ...................................................................................... 44 Statements ............................................................................................ 651,741,927 Subject for discussion: Heritage Day .............................................................................................. 813 Outcomes of 2009-10 annual reports ....................................................... 2952 Social and economic circumstances of those in remote rural areas ........... 847 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 118 Vote 5 – Education ..................................................................................... 255 Vote 9 – Environmental Affairs and Development Planning ....................... 375 Vote 11 – Agriculture .................................................................................. 495 Vote 2 – Provincial Parliament ................................................................... 518 BOTHA, T L Ad Hoc Committee ............................................................................................ 2857 Ad Hoc Committee on nomination of Public Service Commissioner ................... 916 Amendment of draft resolution – Motion ................................................. 3035, 3042 Closing .............................................................................................................. 1392 Premier: Opening Address of ............................................................................ 41, 1533 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) .................................... 1629 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ........... 1276 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .......................... 2750 Speaker's Debate: International Aids Day .............................................................................. 1098 Statements ............................................................................................................ 96 Subject for discussion: Crisis in Hangberg ............................................................................ 2677 Impact of alcohol and drug abuse on family system ........................... 674 Impact of ANC Government on Service delivery in Western Cape ..... 542 Oversight role and responsibility of Provincial Government ............. 2495 Outcomes of 2009-10 annual reports ............................................... 2957 Social and economic circumstances of those in remote rural areas ... 840 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) .............................................. 2754, 2759 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1166 Vote 6 – Health ....................................................................... 1180, 1189 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 6 – Health ....................................................................... 3110, 3116 Western Cape Appropriation Bill [B2 – 2009] Vote 6 – Health ............................................................................ 266,291 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1677 Vote 6 – Health ....................................................................... 1913, 1936 (Consideration and Finalisation) ....................................................... 2944

(vi) Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ............................................. 2944, 2946 BREDELL, A W Executive statement: De Doorns .............................................................. 2334 Statements ................................................................................................ 1281 Subject for Discussion: Governance of Robben Island .......................................................... 2830 High levels of pollution in water of Eerste River ............................... 1016 Problems in Bitou Municipality ............................................................ 950 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2423 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 8 – Local Government and Housing ............................... 1242, 1254 Vote 9 – Environmental Affairs and Development Planning ... 1335, 1345 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 14 – Local Government .................................................. 3172, 3178 Vote 9 – Environmental Affairs and Development Planning ... 3180, 3188 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Local Government ......................................................... 166,183 Vote 9 – Environmental Affairs and Development Planning ........ 365,387 Western Cape Appropriation Bill [B1—2010] Vote 14 – Local Government .................................................. 1802, 1822 Vote 9 – Environmental Affairs and Development Planning ... 1999, 2021 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ................... 3044, 3047 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ............................ 2941 BROWN, L Closing .............................................................................................................. 1391, 3271 Condolence, Motion of: Duncan, Sheena .............................................................................. 2227 Congratulations: Community of Hangberg, Sanparks and Western Cape High Court ................................................................................................ 2707 COSATU .......................................................................................... 3062 Grade 12 learners ............................................................................ 2703 South Africa Government ................................................................. 2816 Modernisation Programme of Provincial Government ................................ 608 Name change of streets and public places by DA .................................... 2650 Power between Executive and Legislature, Separation of .......................... 687 Premier: Opening Address of .................................................................... 39, 1469 Executive Statement ................................................................................. 2395

Rejection of SAHRC ruling on Makhaza housing debacle ........................ 2404 Reduction of Red Door facilities ................................................................ 2699 Resolution of ad hoc committee amended ................................................ 2923 Statements .................. 10,681,924,1005,1584,2251, 2362, 2511, 2549, 2764, Subject for discussion: Crisis in Hangberg ............................................................................ 2679 Governance of Robben Island ......................................................... 2829 Removal of small business traders ................................................... 2311

(vii) Statements made by Premier ............................................................. 624 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2425 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 1 – Premier .............................................................................. 1364 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1654 Vote 1 – Premier .............................................................................. 1755 Consideration of Votes and Schedules ............................................ 2157 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ................................................................. 3069 Vote 3 – Provincial Treasury ............................................................ 3143 Vote 12 – Economic Development and Tourism .............................. 3148 Western Cape Liquor Amendment Bill [B4B—2010] (Consideration and finalisation) ........................................................ 3266 CARLISLE, R V Ad Hoc Committee .................................................................................... 2858 Full and effective interpretation service..................................................... 1037 Subject for discussion: Freedom Day: 16 Years later ........................................................... 2193 Heavy burden on road infrastructure in Western Cape .................... 1000 Oversight role and responsibility of Provincial Government ............. 2499 Problems in Bitou Municipality ............................................................ 957 Removal of small business traders ................................................... 2321 Safety on public transport in Western Cape ..................................... 2245 Statements made by Premier ............................................................. 631 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1158 Vote 10 – Transport and Public Works ................................... 1317, 1328 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ................................................................. 3088 Vote 10 – Transport and Public Works ............................................. 3201 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 119 Vote 10 – Transport and Public Works ........................................ 392,415 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1668 Vote 10 – Transport and Public Works ................................... 2054, 2076 CUPIDO, P W Ad Hoc Committee on nomination of Public Service Commissioner ........... 914 Amendment of draft resolution – Motion ................................................... 3036 Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2586 Closing ............................................................................................ 1392, 3273 Closure of drug rehabilitation centres ....................................................... 2814 Condolence, Motion of: Klein, Tom ........................................................................................ 2479 Nkosi, Lewis .................................................................................... 2614 Congratulations: Kraaifontein Police Station ............................................................... 2569 Economic potential and forecast beyond 2010 ........................................... 835 Executive statement: De Doorns .............................................................. 2337

(viii) Free Trade Zone/Port in Cape Town, Establishment of .............................. 688 Gang-related violence on Cape Flats ....................................................... 2257 Health Practitioners: Scrapping of names ................................................... 607 Municipal Pools, Swimming Training Programmes at ................................ 690 Personal Explanation .................................................................................. 775 Premier: ......................................................................................................... Opening Address of .................................................................... 53, 1508 Removal of small business traders .......................................................... 2226 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) ............................ 1626 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ......................................................................................... 1115

Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) .................................. 759,799 Schools, Violence in ................................................................................... 539 Speaker's Debate: Crisis in Hangberg ............................................................................ 2673 Human Rights Day: Human Trafficking ............................................ 1612 International Aids Day ...................................................................... 1090 Petitions, means to serve needs of community more efficiently ....... 2357 Role of Youth in Governance and Citizenship ...................................... 90 Using ICT to Advance Rights of Women ........................................ 24338 Women of Western Cape – Employment, opportunities and Choices 574 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ................................................................. 3072 Vote 1 – Premier .............................................................................. 3103 Vote 6 – Health ................................................................................. 3112 Vote 11 – Agriculture ........................................................................ 3122 Vote 5 – Education ........................................................................... 3153 Vote 2 – Provincial Parliament ......................................................... 3239 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ............................. 3044 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation) ....... 3049 Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) ............................ 3054 Statements ....... 14,535,601,653,686,744,780,830,977,1008,1105,1286, ................. 1588,2172,2224,2255, 2298, 2343, 2458, 2475, 2516, 2558, ................................................................. 2609, 2648, 2768, 2812, 3026 Street people in Cape Town and rest of province, Condition and care of 2174 Subject for discussion: Conditions in places where poor people live .................................... 2534 Burglaries, vandalism and theft at state schools .............................. 2381 Freedom Day: 16 Years later ........................................................... 2190 Governance of Robben Island .......................................................... 2832 Heritage Day ...................................................................................... 820

High levels of pollution in water of Eerste River ............................... 1016 Housing development in Delft ........................................................... 1048 Impact of ANC Government on Service delivery in Western Cape ..... 553 Impact of alcohol and drug abuse on family system ........................... 670 Impact of Economic Recession on Western Cape and steps to prevent recession ....................................................................... 706

(ix)

Lack of development for young people ............................................. 2271 Oversight role and responsibility of Provincial Government ............. 2494 Policing in Mitchells Plain ................................................................... 884 Removal of small business traders .......................................... 2307 Safety on public transport in Western Cape ..................................... 2237 Sixteen days of activism for no violence against women and children and international aids day ........................................................ 3002 Social and economic circumstances of those in remote rural areas ... 848 Social challenges with which single parents in Western Cape are confronted on daily basis ......................................................... 2868 Transnet strike, Impact of ....................................................... 2259

Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2757 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ........................................................................ 1211 Vote 5 – Education ........................................................................... 1222 Vote 8 – Local Government and Housing ......................................... 1252 Vote 4 – Community Safety .............................................................. 1268 Vote 7 – Social Development ........................................................... 1300 Vote 12 – Economic Development and Tourism .............................. 1312 Vote 10 – Transport and Public Works ............................................. 1326 Vote 9 – Environmental Affairs and Development Planning ............. 1344 Vote 3 – Provincial Treasury ............................................................ 1355 Vote 1 – Premier .............................................................................. 1366 Vote 2 – Provincial Parliament ......................................................... 1375 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1667 Vote 4 – Community Safety .............................................................. 1709 Vote 1 – Premier .............................................................................. 1758 Vote 7 – Social Development ........................................................... 1785 Vote 14 – Local Government ............................................................ 1815 Vote 8 – Housing .............................................................................. 1844 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ................................................................. 1081 Women in Western Cape Province, Status of ............................................... 16 2010 Soccer World Cup: Public Transport .................................................. 538 2010 Soccer World Cup, Readiness of Western Cape hospitals for ........ 2258 2010 Soccer World Cup Tournament: Sex industry and Human Trafficking ........................................................................................... 748

DE BEER, O (NCOP) Statements .................................................................................................. 682 Subject for discussion: Impact of Economic Recession on Western Cape and steps to prevent recession ............................................................................... 703 DE LILLE, P Subject for discussion: Governance of Robben Island .......................................................... 2842 Social challenges with which single parents in Western Cape are confronted on daily basis ............................................................. 2871

(x) DE VILLIERS, M J R Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2584 Premier: Opening Address of .......................................................................... 1526 ELOFF, E H Condolence, Motion of: Bredenhand, Jan-Frederick .............................................................. 2817 Bus accident in Hex River Pass ....................................................... 2228 Davids, Mr A A ................................................................................. 1597 Francken, Lulu .................................................................................. 2570 Congratulations: Botha, R J ......................................................................................... 3034

Dale-Roberts, Chef Luke and his team from La Colombe ............... 2179 Darul Islam Islamic High School ....................................................... 2818 Eksteen, Messrs B ........................................................................... 3034 Langeberg on change of name ........................................................... 839 Lange, Malcolm ................................................................................ 1646 Members of Provincial Parliament .................................................... 3261 Organisers of Robertson Wine, Food and Tourism Festival ............... 909 Springbok ......................................................................................... 2855 Springbok Team ............................................................................... 2522 Wacky Wine Festival ........................................................................ 2348 Winners: Productivity SA .................................................................... 986

Decisions of Executive Members of previous Provincial Government ..................................................................... 2404 Impact of minibus taxi ............................................................................... 2611

Inspector Wiese and women of Drew, Bonnievale for Hospitality during search for bodies, Thanks to .............................................................. 542 Manipulation of Crime Figures in Western Cape .............................. 2477 Premier: .........................................................................................................

Opening Address of .............................................................................. 61 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .................. 2742 Speaker's Debate: Petitions, means to serve needs of community more efficiently ....... 2355 Statements ......................... 101, 301, 685, 742, 926, 1034, 2224, 2339, 2459, ............................................................................................... 2806, 3027 Subject for discussion: Heavy burden on road infrastructure in Western Cape ...................... 993 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1163 Vote 12 – Economic Development and Tourism .............................. 1310 Vote 10 – Transport and Public Works ............................................. 1327 Vote 3 – Provincial Treasury ............................................................ 1356 Vote 1 – Premier .............................................................................. 1363 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 9 – Environmental Affairs and Development Planning ............. 3187 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ................................................................................ 162 Vote 8 – Local Government ................................................................ 182 Vote 1 – Premier ........................................................................................ 228

(xi) Vote 12 – Economic Development and Tourism ........................................ 342 Vote 10 – Transport and Public Works ....................................................... 413

ESAU, S [SPEAKER with effect from 06/05/2009] Acceptance speech ........................................................................................ 4 Announcements ................................ 9,205,239,644,701,746,1029,1445,1468 Apology by Deputy Speaker ....................................................................... 824 Closing ....................................................................................... 1393, 3274 Conduct in House ....................................................................................... 596 Election of ......................................................................................................... 2 Interpretation .................................................................................................... 969 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ......................................... 757 Report of Standing Committee on Governance on National House of Traditional Leaders Bill (NCOP) (Consideration) ........................................ 910 Report of Standing Committee on Governance on Traditional Leadership and Government Framework Amendment Bill (NCOP) (Consideration) ................................................................................... 910 Rulings ........................................... 72, 109, 329, 360, 646, 678, 968, 2219 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1602 International Aids Day ...................................................................... 1085 Petitions, means to serve needs of community more efficiently ....... 2352 Role of Youth in Governance and Citizenship ................................ 80, 95 Using ICT to Advance Rights of Women .......................................... 2430 Women of Western Cape – Employment, opportunities and choices ................................................................................ 560,578 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 2 – Provincial Parliament ............................................... 1371, 1382 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 2 – Provincial Parliament ............................................... 3234, 3246 Consideration of Votes and Schedules ............................................ 3270 Western Cape Appropriation Bill [B2 – 2009] Vote 2 – Provincial Parliament .................................................... 509,523 Western Cape Appropriation Bill [B1—2010] Vote 2 – Provincial Parliament ............................................... 2124, 2144 Western Cape Parliamentary Service and Finance Management Bill Introduction ....................................................................................... 1347

FRITZ, A Subject for discussion: Crisis in Hangberg ............................................................................ 2669 Social challenges with which single parents in Western Cape are confronted on daily basis .................................................................. 2867 GABRU, Y

Condolence, Motion of: Dudley, Mr R ........................................................................................ 38 Maqubela, Patrick ............................................................................... 106 Solomon, Imam Gassan .................................................................... 983 Congratulations: Belgravia High School ........................................................................ 610 Four schools in 100 School Survey .................................................... 908

(xii)

Documentary Evidence, Manipulation and disappearance of ..................... 306 Freedom Charter: Achievement of its aims ................................................ 363 Green Point Stadium, Escalating costs of ................................................... 746 MEC for Education, Wasteful expenditure by ............................................. 592 Open opportunity society ............................................................................ 606 Premier: Opening Address of .............................................................................. 49 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ......................................... 803 SAPS: Lie detector tests ............................................................................... 37 School libraries, state and funding of .......................................................... 981 Speaker's Debate: 16 Days of Activism opposing Violence against Women and Children ................................................................................... 1141 Statements .................................................................................... 649,777,902 Subject for discussion: Heavy burden on road infrastructure in Western Cape ...................... 999 Impact of Economic Recession on Western Cape and steps to prevent recession ....................................................................... 707 Statements made by Premier ............................................................. 636 Textile and clothing workers' struggle ......................................................... 751 Tygerberg, New Hospital at ........................................................................ 686 WCED, Educator posts in ........................................................................... 784 WCED, High number of sexual abuse cases in .......................................... 591 WCED: vacant posts and supply of qualified teachers ............................... 832 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 5 – Education ........................................................................... 1218 Western Cape Appropriation Bill [B2 – 2009] Vote 5 – Education ............................................................................. 248

GEYER, H P

Archbishop Desmond Tutu: Medal of Freedom Award ............................... 616 Birthday wishes to Premier ....................................................................... 1598 Bitou Municipality: Draft Resolution in terms of Rule 1192571, 2753, 2596 Condolence, Motion of: Komba, Sgt. Charles .......................................................................... 660 Maqhetsheba, Anathi ......................................................................... 937 Meiring, Hannes .............................................................................. 2178 Schmidt, Cobus ................................................................................ 1039 Van Rensburg, Erin ............................................................................ 104 Congratulations: Cloetesville High School ..................................................................... 788

Danie Steytler ..................................................................................... 756 Eid Mubarak ..................................................................................... 2857 Ferreira, G T ..................................................................................... 2523 Herbert, Willem ................................................................................. 2781

MPP Jennifer Hartnick ...................................................................... 2482 Municipalities of Overstrand, George and Stellenbosch ................... 2703 Ntsiki Biyela ....................................................................................... 613 SA Academy for Science and Arts ..................................................... 658 Wishing Muslim community strength and best wishes with Ramadan Kareem .................................................................... 2460 Documentary Evidence, Manipulation and disappearance of ..................... 306

(xiii) Efforts of ANC Government to Restrict Media Freedom ........................... 2459 Fifa, Transfer of Land from Stellenbosch Municipality to ............................ 536 Governance of Robben Island .................................................................. 2770 Hip Hop Media Lounge and Other projects: Rasool’s and Fransman’s Involvement in .................................................................................. 2403 Premier: ......................................................................................................... Opening Address of .............................................................................. 67

Revival of Bills .......................................................................................... 1599 Rift Valley fever in province ...................................................................... 2123 Statements .......... 533,681,778,831,903,930,970,1034,1589,1637,2121,2165, .............. 2220, 2295, 2341, 2365, 2401, 2453, 2514, 2605, 2691, 2769, ..................................................................................... 2812, 2854, 3023 Stellenbosch, Proposed soccer stadium in ................................................. 606

Subject for discussion: Governance of Robben Island ................................................ 2828, 2844 High levels of pollution in water of Eerste River ............................... 1020 Housing development in Delft ........................................................... 1049 Impact of Economic Recession on Western Cape and steps to prevent recession ................................................................... 709 Oversight role and responsibility of Provincial Government ............. 2495 Inability of City of Cape Town to spend its Capital ........................... 2460

Taxi Drivers, Course on Road Etiquette for ........................................ 688 Upcoming tourism entrepreneur .............................................................. 2229 WCPP’S unqualified Audit Report ............................................................. 2407 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1154 Vote 3 – Provincial Treasury ............................................................ 1354 Vote 2 – Provincial Parliament ......................................................... 1379 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ................................................................................ 163 Vote 8 – Local Government ................................................................ 180 Vote 12 – Economic Development and Tourism ................................ 350 Vote 10 – Transport and Public Works ............................................... 408 Vote 3 – Provincial Treasury .............................................................. 427 Vote 2 – Provincial Parliament ........................................................... 519 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1666 Vote 2 – Provincial Parliament ......................................................... 2142 GRANT, D A C Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2581 Premier: ......................................................................................................... Opening Address of .............................................................................. 63 Subject for discussion: Burglaries, vandalism and theft at state schools .............................. 2387 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 5 – Education ................................................................. 1215, 1226 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 5 – Education ................................................................. 3152, 3156 Western Cape Appropriation Bill [B2 – 2009] Vote 5 – Education ...................................................................... 240,260 Western Cape Appropriation Bill [B1—2010] Vote 5 – Education ................................................................. 1858, 1879

(xiv) Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) .................. 3050, 3057 HANI, V Appointment of Lt-Gen Arno Lamoer ........................................................ 3029 Chaos in Metro Police ............................................................................... 3028 Condolence, Motion of: Galeta, Idris ...................................................................................... 2939 Matthews, Joe ................................................................................. 2522 Passing on of Mother of Nondzaliseko Makanda ............................. 2412 Congratulations: Family of five-year-old who drowned at a primary school in Kensington ........................................................................... 2659 Kotana, Loyiso .................................................................................. 2819 Mama Albertina Sisulu ..................................................................... 2778 Mokoena, Aaron ............................................................................... 2938 Mxosana, Luwanda .......................................................................... 2819 Volunteers during strike .................................................................... 2482 Wentzel, Sean .................................................................................. 2711 Illegal sale of state-subsidised home ........................................................ 2773 International Peace Day ............................................................................ 2620 Plight of street children ............................................................................. 2571 Selective invitations to launch ................................................................... 2925 Statements ...................................................................................... 2343, 3025 Subject for discussion: Freedom Day: 16 Years later ........................................................... 2188 Western Cape Adjustments Appropriation Bill [B9—2010] Debate on Vote 1 – Premier ............................................................. 3104 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2757 HARRIS, T D (NCOP) Premier: Opening Address of .......................................................................... 1502 Subject for discussion: Impact of Economic Recession on Western Cape and steps to prevent recession ................................................................... 699 HARTNICK, J L Cape Town Stadium, construction of ........................................................ 2351 Condolence, Motion of: Deaths in shack fires in Kleinmond .................................................. 2483 Jenner, Ms Katrina ........................................................................... 1036 Congratulations: Bafana Bafana ......................................................................... 362, 2856 Bhemgee, James ..................................................................................... 2815 Du Toit, Natalie ................................................................................. 1644 Farmworkers of the Year, 2009 .......................................................... 986 Jongile, Amahle ............................................................................... 2933 Kramer, David .................................................................................. 2618 Le Roux, Marlene ............................................................................. 2465 Mzonke “The Rose of Khayelitsha” Fana ......................................... 2776 Oosthuizen, Louis ............................................................................. 2373 Pretty Yende ............................................................................. 755, 2408

(xv) Springboks .................................................................................. 540,658 Stellenbosch University Choir .......................................................... 2410 SWD Rugby Union on victory over Griffins ....................................... 2659 Team Zealous of Stellenbosch High School ...................................... 695 Tygerberg Children’s Choir .............................................................. 2410 Vasco Da Gama Soccer Club ........................................................... 3032 World Transplant Games.................................................................... 693 Fatal injury of Gavin Engelke and Keenan van Wyk ................................ 2261 Premier: Opening Address of .......................................................................... 1511 Speaker's Debate: Celebrating our cultural diversity ...................................................... 2623 Petitions, means to serve needs of community more efficiently ....... 2357 Role of Youth in Governance and Citizenship ...................................... 83 Women of Western Cape – Employment, opportunities and choices ....................................................................................... 560 16 Days of Activism opposing Violence against Women and Children ............................................................................................ 1138 Statements ............ 302,586,597,652,740,779,901,929,1290,1584,1735,2115, ................................. 2250, 2344, 2398, 2456, 2469, 2511, 2549, 2645, 2809, ........................................................................................................ 2919, 3255 Subject for discussion: Burglaries, vandalism and theft at state schools .............................. 2380 Impact of alcohol and drug abuse on family system ........................... 667 Heritage Day ...................................................................................... 809 Lack of development for young people ............................................. 2271 Taxi crash: wishes for speedy recovery .................................................... 2569 Victims of houses burnt down in Khayelitsha, Heideveld and Belhar ....................................................................................................... 2567 Victims of taxi disaster in Blackheath ................................................................ 2520 Violence in schools ........................................................................................... 2257 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ................................................................................ 1206 Vote 5 – Education ................................................................................... 1217 Vote 13 – Cultural Affairs and Sport ......................................................... 1230 Vote 12 – Economic Development and Tourism ...................................... 1312 Vote 10 – Transport and Public Works ..................................................... 1325 Vote 9 – Environmental Affairs and Development Planning ..................... 1344 Vote 3 – Provincial Treasury .................................................................... 1354 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 5 – Education ................................................................................... 3156 Vote 13 – Cultural Affairs and Sport ......................................................... 3212 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Local Government ........................................................................ 177 Vote 13 – Cultural Affairs and Sport ........................................................... 198 Vote 1 – Premier ........................................................................................ 225 Vote 5 – Education ..................................................................................... 246 Vote 12 – Economic Development and Tourism ........................................ 346 Vote 9 – Environmental Affairs and Development Planning ....................... 376 Vote 10 – Transport and Public Works ....................................................... 405 Vote 3 – Provincial Treasury ...................................................................... 432 Vote 11 – Agriculture .................................................................................. 493

(xvi) Western Cape Appropriation Bill [B1—2010]f Second Reading ....................................................................................... 1673 Vote 14 – Local Government .................................................................... 1817 Vote 8 – Housing ...................................................................................... 1845 Vote 5 – Education ................................................................................... 1866 Vote 3 – Provincial Treasury .................................................................... 1905 Vote 12 – Economic Development and Tourism ...................................... 1956 Vote 9 – Environmental Affairs and Development Planning ..................... 2017 Vote 13 – Cultural Affairs and Sport ......................................................... 2037 Vote 10 – Transport and Public Works ..................................................... 2070 Vote 11 – Agriculture ................................................................................ 2103 Young Adult Youth, Issue of ......................................................................... 16 Western Cape Department of Agriculture ......................................................... 2615 Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) .................................... 3056 JACOBS, P M Apology to Member Brown ................................................................................ 2570 Amakhaya Ngoku Housing initiatives .................................................................. 785 Condolence, Motion of: Mafikeng, Mama Elizabeth "Rocky" ............................................................ 105 Congratulations: Bafana Bafana ............................................................................................ 143 World Cup Draw ....................................................................................... 1108 DA’s Xenophobia .............................................................................................. 2561 DA’s Half-hearted commitment to release sufficient land for Greenfields development.......................................................................... 2771 Free housing policy, rethink of ............................................................................ 905 Housing subsidies, Approval of ........................................................................ 2226 Hout Bay, Building of new housing units in ......................................................... 590 Initiation sites .................................................................................................... 2374 Investigation: misleading of House by Premier ................................................... 906 Mandela Park Housing........................................................................................ 782 PHP: support by Department of Human Settlements ........................................ 2122 Premier: ................................................................................................................. Opening Address of ............................................................................ 59, 1499 Premier's SOPA announcement: debate .......................................................... 1591 Problems in Housing Project, our Pride, in Eerste River ................................... 2922 Radio appearances by Premier and Mayor of city of Cape Town ..................... 2564 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .......................... 2745 Speaker's Debate: Human Rights Day: Human Trafficking .................................................... 1619 International Aids Day .............................................................................. 1096 Women of Western Cape – Employment, opportunities and choices ............................................................................................... 569 Statements .............................. 13, 743, 1290, 2253, 2339, 2470, 2647, 2809, 2918, .......................................................................................................................... 3022 Subject for discussion: Conditions in places where poor people live .................................... 2536 Heritage Day ...................................................................................... 818 Housing development in Delft ........................................................... 1051 Problems in Bitou Municipality ............................................................ 954

(xvii) Unblocking of blocked housing projects .................................................... 2123 Unhealthy Conditions in TRAS ................................................................. 2405 Unwillingness of DA to supply toilets ........................................................ 2813 Vindictive war on poor by DA-Led government ......................................... 2652 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 13 – Cultural Affairs and Sport ................................................. 1233 Vote 8 – Local Government and Housing ......................................... 1253 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 8 – Housing .............................................................................. 3137 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ................................................................................ 155 Vote 13 – Cultural Affairs and Sport ................................................... 200 Western Cape Appropriation Bill [B1—2010] Vote 14 – Local Government ............................................................ 1818 Vote 8 – Housing .............................................................................. 1840 JENNER, I Premier: Opening Address of .................................................................... 51, 1486 Speaker's Debate: Celebrating our cultural diversity ...................................................... 2629 Human Rights Day: Human Trafficking ............................................ 1612 International Aids Day ...................................................................... 1090 Social challenges of single parents ........................................................... 2815 Statements .................................... 2602, 2646, 2695, 2767, 2810, 2853, 2919 Subject for discussion: Crisis in Hangberg ............................................................................ 2676 Freedom Day: 16 Years later ........................................................... 2184 Governance of Robben Island .......................................................... 2838 Heritage Day ...................................................................................... 821 Outcomes of 2009-10 annual reports ..................................... 2949, 2955 Social challenges with which single parents in Western Cape are confronted on daily basis ................................................... 2863, 2873 Xenophobic Violence in Western Cape – Role of Provincial Government in ............................................. 2434 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2757 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 13 – Cultural Affairs and Sport ....................................... 1228, 1237 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 13 – Cultural Affairs and Sport ................................................. 3213 Western Cape Appropriation Bill [B2 – 2009] Vote 13 – Cultural Affairs and Sport ............................................ 187,204 Vote 6 – Health ................................................................................... 286 Western Cape Appropriation Bill [B1—2010] Vote 13 – Cultural Affairs and Sport ....................................... 2027, 2051 Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ....................................................... 2944 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ....................................................... 2942

(xviii) LABUSCHAGNE, C Abused Women and Children in Western Cape ......................................... 687 Children’s Act, implementation of ............................................................. 2370 Congratulations: City of Cape Town ........................................................................... 2780 Labuschagne, Catherine fighter pilot ................................................ 2658 Peggy De Villiers ................................................................................ 755 New National Youth Agency ....................................................................... 143 Premier: Opening Address of .......................................................................... 1542 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................. 1116 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1607 Role of Youth in Governance and Citizenship ...................................... 91 Using ICT to Advance Rights of Women .......................................... 2435 Women of Western Cape – Employment, opportunities and choices ....................................................................................... 577 16 Days of Activism opposing Violence against Women and Children .................................................................................................... 1130 Social Transformation Programme, Continuation of ........................................... 689 Statements ...................................... 14,97,585,600,684,743,775,829,902,974,1101, ..................................................... 1291, 1639, 2170, 2254, 2557, 2601, 2766, ...................................................................................................... 2852, 3020 Subject for discussion: Impact of ANC Government on Service delivery in Western Cape ............. 551 Impact of alcohol and drug abuse on family system ................................... 665 Lack of development for young people ..................................................... 2263 Social challenges with which single parents in Western Cape are confronted on daily basis .......................................................................... 2863 Victims die in fire in Khayelitsha Kalkfontein ..................................................... 3029 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ......................................................................... 1175 Vote 6 – Health ......................................................................................... 1189 Vote 7 – Social Development ................................................................... 1298 Vote 1 – Premier ...................................................................................... 1361 Western Cape Adjustments Appropriation Bill [B9—2010] Debate on Vote 1 – Premier ..................................................................... 3106 Vote 4 – Community Safety ...................................................................... 3218 Western Cape Appropriation Bill [B2 – 2009] Vote 1 – Premier ........................................................................................ 220 Vote 5 – Education ..................................................................................... 255 Vote 6 – Health ........................................................................................... 290 Vote 7 – Social Development ..................................................................... 325 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety ...................................................................... 1713 Vote 1 – Premier ...................................................................................... 1752 Vote 7 – Social Development ................................................................... 1785 Vote 6 – Health ......................................................................................... 1933 Vote 12 – Economic Development and Tourism ...................................... 1958 Vote 10 – Transport and Public Works ..................................................... 2074 Western Cape Provincial Parliament, Modernisation Strategy of ........................ 592

(xix) LENTIT, R B Statements ........................................................................................................ 3258 MBALO, B G Condolence, Motion of: Gxowa, Mamma Bertha ............................................................................ 2938 Heroic action of Lubalalo Msutwana ................................................................. 2660 Rapid Transit project hits brick wall .................................................................. 2930 Salutation to Samora Machel Community ......................................................... 2709 Speaker's Debate: Celebrating our cultural diversity .............................................................. 2626 Statements ........................................................................................................ 3254 MADIKIZELA, B S Premier: Opening Address of .................................................................................. 1481 Speaker's Debate: Role of Youth in Governance and Citizenship .............................................. 86 Subject for Discussion: Crisis in Hangberg .................................................................................... 2671 Freedom Day: 16 Years later ................................................................... 2185 Housing development in Delft ................................................................... 1062 Outcomes of 2009-10 annual reports ............................................................... 2953 Policing in Mitchells Plain ........................................................................... 891 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 8 – Local Government and Housing ....................................... 1243, 1255 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ......................................................................... 3077 Vote 8 – Housing ...................................................................................... 3130 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ................................................................................. 145,165 Western Cape Appropriation Bill [B1—2010] Vote 8 – Housing .................................................................. 1830, 1853, 3139 MAGWAZA, N P Child-headed households, plight of ................................................................... 2299 Condolence, Motion of: Eight lives lost in fire in Khayelitsha town two .................................................. 2571 Galant, Jacoba; Jansen, Lodewyk; and Van Rooyen, Gert ..................... 2177 Malindi, Lettie ........................................................................................... 2376 Mputing, Mr W ............................................................................................ 909 Ngozi, Mr M M ............................................................................................ 838 Congratulations: Homeless Soccer World Cup Tournament ......................................................... 753

Disability Initiatives ........................................................................................... 1128 Dumping of babies and control measures ........................................................ 2519 Exclusion of members from summit on baby dumping ..................................... 2923 Funding to educare centre stopped .................................................................. 2814 Lewis, Tobias .................................................................................................... 2656 MEC De Lille’s reluctance to provide more alternative systems of facilities ......................................................................................... 2701 Mr J J Visser: Statement on Women during debate .................................... 610 Partnering with non-profit organisations.................................................... 1745

(xx) Premier: Opening Address of .............................................................................. 54 Province, child abuse in .............................................................................. 905 Saartjie Baartman Centre ........................................................................... 143 Safety and well-being of children over festive season .............................. 1294 Salutations to Thembisa Dondoshe ......................................................... 2820 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1609 International Aids Day ...................................................................... 1091 Role of Youth in Governance and Citizenship ...................................... 93 Using ICT to Advance Rights of Women .......................................... 2433 Women of Western Cape – Employment, opportunities and choices ....................................................................................... 575 16 Days of Activism opposing Violence against Women and Children ............................................................................................ 1132 Statements .............................................................. 11, 683, 2121, 2397, 2516 Subject for discussion: Conditions in places where poor people live .................................... 2529 Impact of alcohol and drug abuse on family system ........................... 663 Oversight role and responsibility of Provincial Government ............. 2491 Sixteen days of activism for no violence against women and children and international aids day ........................................................ 2998 Targeting of prostitutes ............................................................................... 833 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 7 – Social Development ........................................................... 1297 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 7 – Social Development ........................................................... 3228 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 132 Vote 1 – Premier ................................................................................ 226 Vote 6 – Health ................................................................................... 288 Vote 7 – Social Development ............................................................. 317 Western Cape Appropriation Bill [B1—2010] Vote 1 – Premier .............................................................................. 1758 Vote 7 – Social Development ........................................................... 1781 Vote 6 – Health ................................................................................. 1931 MAJOLA, T R [DEPUTY SPEAKER with effect from 06/05/2009] Announcement .......................................................................................... 1069 Burglary and vandalism of state-owned property ..................................... 2175 Condolence, Motion of: Victims of taxi accident ...................................................................... 985 Election of ....................................................................................................... 5 MEC’s to present their departments’ strategic objectives ......................... 2689 Premier: Opening Address of .................................................................... 56, 1506 Rulings ..................................................................................... 528,1583, 2333 Speaker's Debate: Celebrating our cultural diversity ...................................................... 2621 16 Days of Activism opposing Violence against Women and Children ................................................................................... 1129 Statements ................................................................................ 654, 899, 2252

(xxi) Subject for discussion: Burglaries, vandalism and theft at state schools .............................. 2378 Lack of development for young people ............................................. 2266 Social challenges with which single parents in Western Cape are confronted on daily basis .................................................................. 2869 Western Cape Appropriation Bill [B2 – 2009] Vote 6 – Health ................................................................................... 284 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Finalisation ............................................................................................... 1081 MARAIS, A J DU TOIT Acknowledgement to Supt Nolan, Capt Dicks and Const Abrahams, Atlantis ..................................................................................................... 1597 Alcohol and Drug abuse on Family system, Impact of ........................................ 362 Alternative approaches to BEE and development SMMEs .............................. 2174 Anti-poverty strategy ........................................................................................ 2258 Condolence, Motion of: Albertus, Ms Ulla ........................................................................................ 938 Florence, Brent ......................................................................................... 2778 Haas, Ashley ............................................................................................ 2778 Mother of Ms C Labuschagne, passing of ................................................ 2124 Congratulations: Alberts, Deon ............................................................................................ 2935 Brackenfell High School ............................................................................. 754 Brown, Egnall ........................................................................................... 2935 Hip Hop teams of Western Cape .............................................................. 2777 Gebenga, Anelisiwe ................................................................................. 2349 Jenner, Minister (Department of the Premier) .......................................... 2351 Nieuwoudt, Charl ...................................................................................... 2935 Repair of air conditioning in house ........................................................... 2658 Rianie Strydom ........................................................................................... 757 Deon Bruintjies ........................................................................................... 785 Minister Leonard Max ............................................................................... 2262 Weideman, Philip ..................................................................................... 2230 Winners at annual excellence in healthcare gala award Ceremony ........................................................................................ 3260 Debate on service delivery at clinics and schools ............................................. 2926 Family Expo in May .......................................................................................... 2232 NSRI Rescue Operation: Crew of Seli 1 ............................................................. 752 Older Persons Act, implementation of .............................................................. 2370 Organ Donor Month ............................................................................................ 612 Oversight role of Provincial Parliament, Importance of ..................................... 2259 Preparedness for epidemics ............................................................................. 1590 Primary healthcare in the Western Cape .......................................................... 2925 Province, Anti-Poverty Strategy in ...................................................................... 690 Provincial Parliament, Oversight role of .............................................................. 748 Rural Areas, Socio-Welfare and economic circumstances in .............................. 746 Sign language, recognition of in communities ................................................... 2371 Speaker's Debate: Human Rights Day: Human Trafficking .................................................... 1617 International Aids Day .............................................................................. 1087 Statements ................................ 11, 528, 583, 652, 776, 898, 1009,1741,2118,2253 ................................................................ 2362, 2473, 2515, 2644, 2697, 2763, 2916, 3254

(xxii) Subject for discussion: Conditions in places where poor people live ............................................ 2526 Heritage Day .............................................................................................. 817 Impact of alcohol and drug abuse on family system ................................... 661 Lack of development for young people ..................................................... 2269 Oversight role and responsibility of Provincial Government ..................... 2484 Policing in Mitchells Plain ........................................................................... 887 Sixteen days of activism for no violence against women and children and international aids day ................................................................ 3000 Social and economic circumstances of those in remote rural areas ........... 846 Thanks to Disaster Control Centre .................................................................... 1597 Victim of human trafficking saved – Motion ....................................................... 2934 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ............................................................... 2755 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 6 – Health ......................................................................................... 1182 Vote 4 – Community Safety ...................................................................... 1267 Vote 7 – Social Development ................................................................... 1295 Vote 1 – Premier ...................................................................................... 1367 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 6 – Health ......................................................................................... 3115 Vote 7 – Social Development ................................................................... 3231 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 134 Vote 1 – Premier ........................................................................................ 230 Vote 6 – Health ........................................................................................... 278 Vote 7 – Social Development ..................................................................... 316 Vote 4 – Community Safety ........................................................................ 474 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety .............................................................. 1722 Vote 1 – Premier .............................................................................. 1764 Vote 7 – Social Development ........................................................... 1779 Vote 6 – Health ................................................................................. 1923 Consideration of Votes and Schedules ............................................ 2158 Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ....................................................... 2946 Western Cape, Free pap smears for Women in .......................................... 594 Western Cape Hospitals, Security and Safety of ........................................ 537 2010 Soccer World Cup Tournament, disaster management readiness during ................................................................................................. 932 MAX, L H Premier: Opening Address of .............................................................................. 44 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ... 1275 Speaker's Debate: 16 Days of Activism opposing Violence against Women and Children ................................................................................... 1135 Subject for discussion: Housing development in Delft ........................................................... 1054 Policing in Mitchells Plain ................................................................... 895 Safety on public transport in Western Cape ..................................... 2232

(xxiii) Sixteen days of activism for no violence against women and children and international aids day ........................................................ 2996 Statements made by Premier ............................................................. 620 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2417 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 4 – Community Safety .................................................... 1256, 1269 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 4 – Community Safety .................................................... 3216, 3225 Western Cape Appropriation Bill [B2 – 2009] Vote 4 – Community Safety ......................................................... 443,475 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety .................................................... 1690, 1724 McKENZIE, P C Abuse of international principle of minimum force in Western Cape .................................................................................. 2651 Actions by DA Councillor of Elsies River, Bertha Esbach ......................... 1010 Ammunition seized by police in Athlone...................................................... 933 Apology by .................................................................................................. 968 Attitude of Speaker in staff meeting ............................................................ 935 Brutal and deadly attacks on policemen and women .................................. 833 Bully tactics and roguish force by Cape Town Metro Police .................... 2701 Chairperson of Standing Committee on Community Safety: Incompetence ..................................................................................... 657 City council: official demoted .................................................................... 2344 City of Cape Town, Proposed Transfer of Land ............................................ 38 Condition of Flats in Leonsdale: Terrible .......................................................... 2406 Condolence, Motion of: Dewani, Anni ............................................................................................ 2933 Johnson, Johnny ..................................................................................... 2654 Naidoo, Mr Vincent ..................................................................................... 751 Scholtz, Maxi ............................................................................................ 1891 Rape victim from darling ........................................................................... 2929 Congratulations: Liverpool ..................................................................................................... 939 Minister of Health ..................................................................................... 2483 Petros, Gen .............................................................................................. 2478 Springboks ................................................................................................. 692 WP Rugby .................................................................................................. 838 Corruption in Cape traffic department ............................................................... 2815

DA Programme: Road to 2011 ............................................................................ 655 DA public representative accused of rape ........................................................ 2347 DA’s failure to bring down drug and related crimes .......................................... 2611 Deployments by Premier in Western Cape ....................................................... 2561 Dismissal of appeal of man convicted of stabbing Mcebisi Skwatsha ............................................................................................. 3063 Drug dealers, Marches against ........................................................................... 606 Free State University racist photos ................................................................... 2928 Inability of PGWC to address gang violence ..................................................... 2702 Incorporation of municipal police in SAPS ........................................................ 1893 Insp Robert Paulson Suspended ...................................................................... 3059 Khayelitsha Protest, Policeman injured in ........................................................... 612

(xxiv) Legal right of provincial government to remove blue lights from police escorts – Motion .................................................................... 2932 Maintenance of Flats in Townships ................................................................... 2477 MEC for Community Safety: Role and Duties ..................................................... 609 MEC for Community Safety: Utterances on Dewani murder by ........................ 2931 MEC of community safety negotiating with gangsters – Motion ........................ 2813 MEC: Leaking of SAPS information and attack on Commissioner ..................... 362 Misuse of Office by Minister for Social Development ........................................ 2649 Mitchells Plain Policing and Vigilantism .............................................................. 749 National Minister of Police ................................................................................ 2375 Non-attendance of committee clerk: no committee meeting held ..................... 1643 Official of City Council demoted ........................................................................ 2344 Plight of residents of Leonsdale ....................................................................... 2260 Premier: Opening Address of .................................................................................. 1528 Raid on House in Storms River way, Manenberg ............................................. 2699 Report of standing committee on community safety on independent Police investigative directorate Bill [b 15b— 2010] and civilian Secretariat for police service bill [B16B—2010] (Consideration) .............. 2821 Role of Mark Wiley after Hangberg shootings ................................................... 2652 Silence of MEC for community safety about gang-related deaths .................... 2653 Speaker's Debate: Using ICT to Advance Rights of Women .................................................. 2442 Sports Day, Change of date of ............................................................................ 688 Statements ............................................ 102,651, 830, 970, 2254, 2400, 2608, 3256 Subject for discussion: Burglaries, vandalism and theft at state schools ...................................... 2385 Crisis in Hangberg .......................................................................... 2664, 2684 Housing development in Delft ................................................................... 1060 Impact of alcohol and drug abuse on family system ................................... 672 Policing in Mitchells Plain ........................................................................... 879 Safety on public transport in Western Cape ............................................. 2238 Statements made by Premier ..................................................................... 630 Summonses served on unemployed tenants in townships ............................... 2300 Undermining of Constitution of Republic of South Africa .................................. 2771 Unruly conduct of Ravensmead DA councillor .................................................... 835 Violence on our trains ...................................................................................... 2175 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ......................................................................... 1164 Vote 4 – Community Safety ...................................................................... 1260 Consideration of Votes and Schedules .................................................... 1389 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ......................................................................... 3065 Vote 4 – Community Safety ...................................................................... 3220 Western Cape Appropriation Bill [B2 – 2009] Vote 4 – Community Safety ........................................................................ 466 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety ...................................................................... 1714 Woodstock Police Station, Crime situation around and its proposed move ........................................................................................................ 2175

(xxv) MEYER, I Amendment of draft resolution .......................................................................... 3038 Closing 3272 Premier: ................................................................................................................. Opening Address of ............................................................................ 68, 1472 Speaker's Debate: Human Rights Day: Human Trafficking .................................................... 1621 16 Days of Activism opposing Violence against Women and Children ........................................................................................... 1144 Subject for discussion: Impact of ANC Government on Service delivery in Western Cape ............. 555 Oversight role and responsibility of Provincial Government ..................... 2488 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 7 – Social Development ......................................................... 1294, 1302 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ......................................................................... 3067 Vote 13 – Cultural Affairs and Sport ......................................................... 3208 Vote 7 – Social Development .................................................................. 3226, Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 137 Vote 7 – Social Development ..................................................................... 307 Western Cape Appropriation Bill [B1—2010] Vote 7 – Social Development ......................................................... 1770, 1792 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation) ............... 3049 MQULWANA, K A Bus accident in Kloofnek Road, Senior Citizens in ..................................... 750 City of Cape Town, IRT System in .............................................................. 934 City of Cape Town: Public Transport Plan .................................................. 536 Congratulations: Muslim community .................................................................................... 1069 Condolence, Motion of: People involved in car crash ............................................................... 983 Demolition of places of worship by City of Cape Town ............................. 1642 Eid: 27 November 2009 ............................................................................ 1107 Football world cup: gratitude to citizens .................................................... 2372 International Children’s Day ...................................................................... 2303 Parliamentary Committees: Importance and impact ................................... 657 Parliamentary committees, importance of ................................................. 2345 Provincial Roads, High accident rate on ..................................................... 655 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) .................................. 758,800 Safe festive season to motorists and pedestrians ..................................... 1293 SA Roadlink Bus Service: statement by MEC ........................................... 2123 Statements ..................................... 599, 826, 901, 930, 1008,1288,1742,2221 Subject for discussion: Conditions in places where poor people live .................................... 2538 Heavy burden on road infrastructure in Western Cape ...................... 991 Impact of ANC Government on Service delivery in Western Cape ..... 549 Safety on public transport in Western Cape ..................................... 2234 Social and economic circumstances of those in remote rural areas ... 849 Tik dealers receiving grants ........................................................................ 784

(xxvi) Transport crisis: Government's response ................................................... 607 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1155 Vote 10 – Transport and Public Works ............................................. 1322 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1664 Vote 3 – Provincial Treasury ............................................................ 1903 Vote 12 – Economic Development and Tourism .............................. 1959 Vote 10 – Transport and Public Works ............................................. 2066 Consideration of Votes and Schedules ............................................ 2158 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ........................................ 1081 NCEDANA, M Closing ............................................................................................ 1391, 3272 Condolence, Motion of: Mbiko, Ms Neti .................................................................................. 1040 Sikani: Member of Cope ................................................................... 2232 Congratulations: Defeat of Pirates by Kaizer Chiefs ............................................................ 2941 Kaizer Chiefs and Orlando Pirates ..................................................... 989 Economic Recession .................................................................................. 538 Filthy areas the poor live in ....................................................................... 1593 Heavy rains in Western Cape ................................................................... 2227 Lack of job opportunities for emerging businesses in Western Cape ....... 2563 Not debating motions of certain members ................................................ 2931 Offloading of Corpses ............................................................................... 1745 Premier: Opening Address of .......................................................................... 1495 Statements made by Premier ........................................................... 2396 Public school problems and resources ............................................................... 836 Speaker's Debate: Women of Western Cape – Employment, opportunities and choices ............................................................................................... 564 Statements ..................................... 531,777, 828, 973, 1006, 1104,1285,1289,1739 2294, 2340, 2551, 2917, 2994, 3255 Subject for discussion: Conditions in places where poor people live ..................................................... 2524 Crisis in Hangberg .................................................................................... 2670 Housing development in Delft ................................................................... 1057 Impact of Economic Recession on Western Cape and steps to prevent recession ........................................................................... 695 Policing in Mitchells Plain ........................................................................... 888 Safety on public transport in Western Cape ............................................. 2240 Statements made by Premier ..................................................................... 628 Unemployment, high rate of ..................................................................... 2347 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2418 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ......................................................................... 1161 Vote 5 – Education ................................................................................... 1223 Vote 8 – Local Government and Housing ................................................. 1248 Vote 7 – Social Development ................................................................... 1300

(xxvii) Vote 2 – Provincial Parliament ................................................................. 1374 Consideration of Votes and Schedules .......................................... 1388, 1390 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ......................................................................... 3075 Vote 14 – Local Government .................................................................... 3173 Vote 10 – Transport and Public Works ..................................................... 3196 Vote 13 – Cultural Affairs and Sport ......................................................... 3210 Vote 4 – Community Safety ...................................................................... 3219 Vote 2 – Provincial Parliament ................................................................. 3241 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ........................................................................................ 159 Vote 8 – Local Government ........................................................................ 179 Vote 7 – Social Development ..................................................................... 319 Vote 3 – Provincial Treasury ...................................................................... 427 Vote 4 – Community Safety ........................................................................ 464 Western Cape Appropriation Bill [B1—2010] Vote 14 – Local Government .................................................................... 1816 Vote 8 – Housing ...................................................................................... 1847 Vote 2 – Provincial Parliament ................................................................. 2136 Consideration of Votes and Schedules .................................................... 2157 Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ............................................................... 2945 Western Cape Liquor Amendment Bill [B4B—2010] (Consideration and finalisation) ................................................................ 3266 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ............................................................... 2943 NTWANAMBI, N D Premier: Opening Address of .................................................................................. 1488 Subject for discussion: Impact of Economic Recession on Western Cape and steps to prevent recession ................................................................................... 705 OZINSKY, M Ad hoc Committee: Investigation into possible misleading of House by Minister ....................... 103 Allocation of houses in Pelican Park housing project ........................................ 2612 Audit reports not yet considered by SCOPA: debate ........................................ 1594 Bitou Municipality: Draft Resolution in terms of Rule 119 ....................... 2572, 2589 CapeNature: public/private partnerships ........................................................... 1591 Closing down of democratic space ................................................................... 2925 Congratulations: Department of Science and Technology, Sun Space and University of Stellenbosch .................................................................................. 789 End Conscription Campaign ....................................................................... 940 New Diplomats ........................................................................................... 540 SAPS AND NPA ....................................................................................... 3262 Dashboard Management System, Failure of ....................................................... 593 Economic growth only in open, opportunity society .......................................... 1592 Establishment of ad hoc committee .................................................................. 2614 George Municipality: ........................................................................................ 2610

(xxviii) Hypocrisy of Provincial Government ................................................................. 2772 Implementation of Planning Act, 1999: debate ................................................. 1593 Implementation of Western Cape Planning and Development Act ................... 1895 Minister and HOD on LUPO’s Unconstitutionality ............................................. 2773 Office of the Speaker: Xenophobia Campaign .................................................... 362 Overstrand Municipality Land Sale ..................................................................... 539 Piracy by State of Israel .................................................................................... 2300 Premier: Opening Address of .................................................................................. 1523 Province, Violence in Sport in ............................................................................. 609 Reconciliation Day ............................................................................................ 3261 Report of Auditor-General: Contracts given to Civil Servants ............................. 142 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ................................................. 757 Role of Mr Walters in encouraging Overstrand Municipality to commission report .......................................................................................................... 904 Speaker's car accident ........................................................................................ 747 Statements ............ 598, 928, 1637,1736,2116,2168, 2292, 2551, 2602, 2768, 3258 Subject for discussion: Freedom Day: 16 Years later ................................................................... 2190 Governance of Robben Island .................................................................. 2840 Oversight role and responsibility of Provincial Government ..................... 2496 Policing in Mitchells Plain ........................................................................... 893 Removal of small business traders ........................................................... 2319 Supply chain management and role of speaker and politicians in awarding of tenders and contracts – Motion ......................................... 2519 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ......................................................................... 3084 Vote 9 – Environmental Affairs and Development Planning ..................... 3183 Vote 2 – Provincial Parliament ................................................................. 3242 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 135 Vote 2 – Provincial Parliament ........................................................... 515 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1673 Vote 9 – Environmental Affairs and Development Planning ............. 2009 Vote 11 – Agriculture ........................................................................ 2107 Vote 2 – Provincial Parliament ......................................................... 2138 Consideration of Votes and Schedules ............................................ 2158 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ............................. 3045 Xenophobic violence in province .............................................................. 2369 Xenophobic Violence in Western Cape – Role of Provincial Government in ..................................................... 2414 PAULSE, S U Ad Hoc Committee on nomination of Public Service Commissioner ........... 913 Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2580 Closing ...................................................................................................... 1392 Premier: Opening Address of .................................................................... 63, 1505 Statements made by Premier ................................................................... 2396

(xxix) Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................. 1113 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ... 1276 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ............................................. 803 Speaker's Debate: Role of Youth in Governance and Citizenship ...................................... 91 Using ICT to Advance Rights of Women .......................................... 2437 Women of Western Cape – Employment, opportunities and choices ....................................................................................... 568 16 Days of Activism opposing Violence against Women and Children ........................................................................................... 1139 Statements ..................... 533,652,684,743,779,902,929,975,1034,1286,1291,2119, ............................................ 2222, 2254, 2296, 2365, 2456, 2474, 2515, 2556 Subject for discussion: Conditions in places where poor people live ............................................ 2528 Burglaries, vandalism and theft at state schools ...................................... 2384 Heavy burden on road infrastructure in Western Cape .............................. 989 Housing development in Delft ................................................................... 1051 Impact of ANC Government on Service delivery in Western Cape ............. 551 Impact of alcohol and drug abuse on family system ................................... 667 Impact of Economic Recession on Western Cape and steps to prevent recession ............................................................................... 699 Lack of development for young people ..................................................... 2265 Oversight role and responsibility of Provincial Government ..................... 2490 Policing in Mitchells Plain ........................................................................... 890 Problems in Bitou Municipality .................................................................... 950 Removal of small business traders ........................................................... 2318 Safety on public transport in Western Cape ............................................. 2236 Thanks and good wishes to Dr Boesak............................................................... 987 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ......................................................................... 1154 Vote 6 – Health ......................................................................................... 1188 Vote 11 – Agriculture ................................................................................ 1211 Vote 5 – Education ................................................................................... 1226 Vote 13 – Cultural Affairs and Sport ......................................................... 1236 Vote 8 – Local Government and Housing ................................................. 1250 Vote 4 – Community Safety ...................................................................... 1267 Vote 10 – Transport and Public Works ..................................................... 1325 Vote 3 – Provincial Treasury .................................................................... 1355 Vote 1 – Premier ...................................................................................... 1366 Vote 2 – Provincial Parliament ................................................................. 1376 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 124 Vote 8 – Housing ........................................................................................ 161 Vote 8 – Local Government ........................................................................ 181 Vote 13 – Cultural Affairs and Sport ........................................................... 201 Vote 5 – Education ..................................................................................... 255 Western Cape Appropriation Bill [B1—2010] Second Reading ....................................................................................... 1663 Vote 4 – Community Safety ...................................................................... 1711

(xxx) Vote 11 – Agriculture ................................................................................ 2105 Vote 2 – Provincial Parliament ................................................................. 2137 Consideration of Votes and Schedules .................................................... 2157 Western Cape road infrastructure ....................................................................... 935 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ......................................................................... 1081 PRINS, E Baboon Management Contract ................................................................... 537 Commendation to national government for disaster alleviation ................. 2708 Condolence, Motion of: Malan, Ms Marie ............................................................................... 2179 Congratulations: Drum Majorettes, Eight of SWD ....................................................... 2464 Meerendal Wine Estate on gold medal ............................................. 1892 Semenya, Castor .............................................................................. 2480 Springboks ......................................................................................... 754 Drought assistance to farmers .................................................................. 2300 Drought in Karoo ....................................................................................... 3028 Exclusion of small- scale farmers from summit ......................................... 2926 Farms: violating health and remuneration legislation ................................ 2370 Food bank for excess produced food ....................................................... 2774 Poor Service delivery with Housing in Oudtshoorn ................................... 2477 Speaker's Debate: Petitions, means to serve needs of community more efficiently ....... 2354 Statements ......................................... 532,1292,1585,2220, 2399, 2766, 2930 Subject for Discussion: Social and economic circumstances of those in remote rural areas .......................................................................................... 842 Swellendam Municipality: offences, anomalies and bottlenecks ............... 2346 Three Life Sentences for Farm Murderer .................................................. 2940

Water crisis under DA Government .......................................................... 2932

Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ........................................................................ 1207 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 11 – Agriculture ........................................................................ 3123 Western Cape Agricultural Sector, awards in ............................................. 907 Western Cape Appropriation Bill [B2 – 2009] Vote 9 – Environmental Affairs and Development Planning ............... 382 Vote 11 – Agriculture .......................................................................... 491 Western Cape Appropriation Bill [B1—2010] Vote 9 – Environmental Affairs and Development Planning ............. 2015 Vote 11 – Agriculture ........................................................................ 2098 ROSSOUW, A Ad Hoc Committee on nomination of Public Service Commissioner ................... 913 Ad Hoc Committee, replacement of Mr E J von Brandis on ................................ 832 Amendment of draft resolution .................................................................. 3036 ANC Government on Service Delivery, Negative impact of ................................... 15 Appointment: Temporary Chairpersons ................................................................... 7 Rules Committee .............................................................................. 7 Chronic medication: serious shortage of ................................................... 2371

(xxxi) Condolence, Motion of: Beaufort West taxi victims ................................................................ 2705 Hopkins, Marianne ........................................................................... 2620 Maroem, Mr E C ................................................................................... 39 Congratulations: Cloete, Mr Anthony, Top Performer at Cape Agri Academy ............. 1108 Du Toit, Natalie ................................................................................ 2655 Fortuin, Chantel ................................................................................ 2349 Jewish Community ...................................................................................... 753 Maritz, Jan ........................................................................................ 2305 MPP Jennifer Hartnick ...................................................................... 2464 Muslims on Ramadan ................................................................................. 611 Steyn, Elize ............................................................................................... 2349 WCDOE ............................................................................................ 3030 Discharged from Ad Hoc Committee, Mr E J von Brandis .......................... 837 Eskom tariff increase and top management .............................................. 1010 House, Business of ................. 16,80,110,266,443,879,1084,1281,1602,1735, 2165, 2250 Misrepresentations by ANC ........................................................................ 834 Money-lenders and shebeen owners: effect and impact of ....................... 2371 NCOP, Appointment of T B Beyleveldt ..................................................... 2654 NCOP, Permanent delegates to ..................................................................... 5 NCOP, Delegates to, Authority to Vote ........................................................... 6 Postponement of discussion of 2009-10 annual report ............................. 2947 Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act ................................................................................... 266 Premier, Remuneration of ......................................................................... 1084 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ............................................. 758 Safe Transportation of Learners ............................................................... 2518 Sitting, Hours of ........................................................................................ 1802 Speaker's Debate: Celebrating our cultural diversity ...................................................... 2628 Using ICT to Advance Rights of Women .......................................... 2439 Women of Western Cape – Employment, opportunities and choices ............................................................................................... 571 16 Days of Activism opposing Violence against Women and Children ........................................................................................... 1139 Statements ............................................ 101, 535, 825, 1007, 1029,1635,1743,2222 ........................................................ 2293, 2474, 2515, 2647, 2854, 3258 Students, Study bursaries to ............................................................................... 750 Subject for discussion: Heritage Day .............................................................................................. 814 Outcomes of 2009-10 annual reports ....................................................... 2946 Suspension of Rule 152(3) ............................................................................... 3062 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 2 – Provincial Parliament ................................................................. 1372 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 2 – Provincial Parliament ................................................................. 3235 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 130 Vote 2 – Provincial Parliament ................................................................... 512

(xxxii) Western Cape Appropriation Bill [B1—2010] Vote 2 – Provincial Parliament ................................................................. 2129 2010 Soccer World Cup, Legacy of ................................................................. 2225 SKWATSHA, M Ambulance Services and Response time, State of ............................................. 749 Atlantis integrated transport system .................................................................. 2559 Attacks by Premier on Constitution and South African Human Rights Commission .............................................................................................. 2651 Bafana Bafana, Support for ................................................................................ 307 Casino: establishment of second casino in Metropole ...................................... 2368 Condolence, Motion of: Death of People after Collision of taxi and truck ....................................... 2480 Gillwald, Cheryl ........................................................................................ 2407

Kasrils, Eleanor ........................................................................................ 1011 Madikwa, Nomvelo "Rayi" .......................................................................... 617 Maxenza, Const Daniel ............................................................................ 1893 Meer, Ms Fatima ...................................................................................... 1643 Ndziba, Ngcondo ........................................................................................ 107 Ngcukana, Ezra ........................................................................................ 2407 Ting Ting Masanga ..................................................................................... 787 Victims of recent horror crashes ............................................................... 2706 Yengeni, Mr ................................................................................................ 836 Congratulations: Bafana Bafana .......................................................................................... 694, 2568 Comrade James Ngculu ........................................................................... 1070 Mandela, Nelson: 92nd birthday ................................................................ 2375 Saldanha Municipality ................................................................................ 988 Decade's child rights heroes: Nelson Mandela and Graça Machel ................... 1039 Deputy Speaker on 18 August 2009, Behaviour of ............................................. 691 Failure of City of Cape Town to investigate company accused of ........................... using black people for fronting when tendering ........................................ 3034 Kenny Africa, Appointment of .......................................................................... 2225 DA-run municipalities: incompetence of to secure base camps for Fifa World Cup ......................................................................................... 2346 Expenditure of ratepayers’ money .................................................................... 2561 ID-ANC Coalition .............................................................................................. 2403 Killing of Mgqontshi and Ncatana couple in Philippi East.................................... 752 MyCiTibus system ............................................................................................ 2770 Premier: Opening Address of ............................................................................ 44, 1477 Premier and DA’s Protection of Mr Kenny Africa ............................................. 2698 Raids on communities of Somali origin ............................................................ 2775 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ................... 1273 Report of standing committee on community safety on independent Police investigative directorate Bill [b 15b— 2010] and civilian Secretariat for police service bill [B16B—2010] (Consideration) .............. 2825 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ..................................................... 792 Statements ..................................... 98,742,972,1035,1636,1740, 2458, 2474, 2645, .................................................................................... 2696, 2807, 3020

(xxxiii) Subject for discussion: Freedom Day: 16 Years later ................................................................... 2182 Removal of small business traders ........................................................... 2315 Safety on public transport in Western Cape ............................................. 2244 Sixteen days of activism for no violence against women and children and international aids day ................................................................ 3013 Unguarded Rail Crossings ................................................................................ 2518 Unsafe and unguarded rail level crossings ....................................................... 2775 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1151 Vote 2 – Provincial Parliament ......................................................... 1376 Consideration of Votes and Schedules ............................................ 1389 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ................................................................. 3079 Vote 10 – Transport and Public Works ............................................. 3197 Vote 2 – Provincial Parliament ......................................................... 3239 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 122 Vote 2 – Provincial Parliament ........................................................... 520 Western Cape Appropriation Bill [B1—2010] Vote 3 – Provincial Treasury ............................................................ 1900 Vote 12 – Economic Development and Tourism .............................. 1954 Vote 10 – Transport and Public Works ............................................. 2071 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation) ....... 3049 STALI, Z C Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2577 Cape Town Stadium ................................................................................. 2770 Condolence, Motion of: Florence, Brent ................................................................................. 2819 Haas, Ashley ................................................................................... 2819 Congratulations Bafana Bafana .......................................................................................... 2779 Manyonga, Luvo ............................................................................... 2410 SA Commonwealth team .................................................................. 2710 Springboks ....................................................................................... 3031 Vasco da Gama Football Club .......................................................... 1595 WP Currie Cup rugby team .............................................................. 2615 WP Rugby teams ............................................................................. 2704 Name Changes ......................................................................................... 1745 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .................. 2748 Speaker's Debate: Celebrating our cultural diversity ...................................................... 2631 Statements ...................................................................................... 2171, 2340 Subject for discussion: Governance of Robben Island .................................................................. 2835 Utilisation of Stadiums in Western Cape ................................................... 2476 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 13 – Cultural Affairs and Sport ................................................. 3208

(xxxiv) Western Cape Appropriation Bill [B1—2010] Vote 5 – Education ........................................................................... 1872 Vote 13 – Cultural Affairs and Sport ................................................. 2038 2010 Soccer: involvement of structures in sports, arts and culture ........... 1592 Widening of racial divide under DA government ...................................... 2774 STRACHAN, G R Cape Town as South Africa's Silicon Valley ............................................... 833 Chairperson of Standing Committee of Finance, Censuring of ................... 589 Clothing Sector, Strike in ............................................................................ 783 Paulse, Ms S U, Statement of ..................................................................... 656 Premier, Misleading statements by ............................................................... 15 Premier: Opening Address of .............................................................................. 65 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................. 1110 Statements .................................................... 300, 585, 828, 1033, 1105, 2455 Subject for discussion: Impact of ANC Government on Service delivery in Western Cape ..... 554 Statements made by Premier ............................................................. 618 Impact of Economic Recession on Western Cape and steps to prevent recession ............................................................................... 698 Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1170 Vote 12 – Economic Development and Tourism .............................. 1308 Vote 3 – Provincial Treasury ............................................................ 1352 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 117 Vote 12 – Economic Development and Tourism ................................ 338 Vote 10 – Transport and Public Works ............................................... 409 Vote 3 – Provincial Treasury .............................................................. 429 Xenophobia in De Doorns: investigative and disciplinary process ............ 1036 TINGWE, M Condolence, Motion of: Lithemba Loli .............................................................................................. 787 People killed in fire in Lingelethu, Khayelitsha.......................................... 2463 Congratulations: Home from home ...................................................................................... 3262 Simon, Ray Alexander .............................................................................. 2937 DA's inability to mobilise young people regarding social cohesion ................... 1894 Deafness ......................................................................................................... 2521 Farewell to Tata Mpilo Tutu .............................................................................. 2412 Hillview Housing Development Project, Delay in .............................................. 2256 Housing development in Delft ............................................................................. 934 Provincial Legislature, disregarding of isiXhosa language in .............................. 982 Speaker's Debate: Role of Youth in Governance and Citizenship .............................................. 85 Women of Western Cape – Employment, opportunities and choices ............................................................................................... 560 Statements ........................................................................................................ 2557 Sport as unifying factor ....................................................................................... 747

(xxxv) Subject for discussion: Crisis in Hangberg .................................................................................... 2674 Heavy burden on road infrastructure in Western Cape .............................. 996 Housing development in Delft ................................................................... 1047 Impact of alcohol and drug abuse on family system ................................... 668 Heritage Day .............................................................................................. 810 Lack of development for young people ..................................................... 2262 Teenage pregnancies ....................................................................................... 2560 UNESCO’s International Interpreters day ......................................................... 2617 Western Cape Appropriation Bill [B2 – 2009] Vote 1 – Premier ........................................................................................ 222 Western Cape Appropriation Bill [B1—2010] Vote 1 – Premier ...................................................................................... 1763 UYS, P

Absence of members of executive from legislature .......................................... 2926 Ad Hoc Committee on nomination of Public Service Commissioner ................... 912 Africa Day ......................................................................................................... 2260 Amendment of draft resolution – Motion ........................................................... 3040 Bitou Municipality: Draft Resolution in terms of Rule 119 ....................... 2571, 2597 City of Cape Town, Awarding of performance bonuses in ................................ 2258 City of Cape Town, Unauthorised payments and tender processes of ............... 656 City of Cape Town’s spending on informal settlements .................................... 2347

Congratulations: Commissioner Petros and SAPS ................................................................ 787 Ehrenreich, Tony ...................................................................................... 2935 SA Government ........................................................................................ 2937 DA’s disregard for minimum standards for sanitation and provision of toilets to poor .................................................................. 2518 Death of psychiatric patient at Karl Bremer Hospital ........................................... 834 Deaths in informal areas in Cape Town, continuing .......................................... 2562 Democratic Alliance’s silence on farm murders ................................................ 2930 Expenditure of City of Cape Town .................................................................... 2407 Khayelitsha denied extra policing .................................................................... 2929 Members not dealt with even-handedly ............................................................ 2927 Municipal rates fiasco ....................................................................................... 2259 Politicising appointment of secretary to parliament ........................................... 2563 Premier: Opening Address of .................................................................................. 1543 Premier: Undermining Stellenbosch Municipality ................................................ 750 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) .................................... 1625 Results of Oudtshoorn by-elections .................................................................. 2652 Speaker's Debate: Petitions, means to serve needs of community more efficiently ............... 2358 Statements ..................... 301, 304, 529, 584, 653, 740, 780, 976, 1284, 2223, 2297 ............................................................................................ 2366, 2643, 2811, 2916

Subject for discussion: Crisis in Hangberg .................................................................................... 2661 High levels of pollution in water of Eerste River ....................................... 1021 Impact of ANC Government on Service delivery in Western Cape ............. 544 Suspension of public sector strike by Union ..................................................... 2569 Overberg Municipal Council .............................................................................. 2936

(xxxvi) Oversight role and responsibility of Provincial Government .............................. 2486 Problems in Bitou Municipality ............................................................................ 942 Unconstitutional interference in Overberg municipality ..................................... 2653 Upgrade of George airport ................................................................................ 3031 Wastage of taxpayers’ money by DA ................................................................ 2700 Western Cape, Storm damage in ....................................................................... 364 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 8 – Local Government and Housing ................................................. 1247 Consideration of Votes and Schedules .................................................... 1390 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 14 – Local Government .................................................................... 3175 Vote 2 – Provincial Parliament ................................................................. 3238 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ........................................................................... 127 Vote 8 – Local Government ........................................................................ 173 Western Cape Appropriation Bill [B1—2010] Vote 14 – Local Government ............................................................ 1811 Vote 8 – Housing .............................................................................. 1849 Vote 2 – Provincial Parliament ......................................................... 2133 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ....................................................... 2942 VAN RENSBURG, H G Premier: Opening Address of .......................................................................... 1491 Subject for discussion: High levels of pollution in water of Eerste River ............................... 1023 Impact of Economic Recession on Western Cape and steps to prevent recession ....................................................................... 703 Social and economic circumstances of those in remote rural areas ... 855 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ............................................................... 1202,1213 Western Cape Appropriation Bill [B2 – 2009] Vote 11 – Agriculture ................................................................... 482,502 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ................................................................. 3073 Vote 11 – Agriculture .............................................................. 3119, 3126 Western Cape Appropriation Bill [B1—2010] Vote 11 – Agriculture .............................................................. 2086, 2113 VAN ZYL, J A Congratulations: WP Junior Jukskei Team at SA Championships .............................. 1350 School buses near Botriver ....................................................................... 2481 Report of standing committee on community safety on independent Police investigative directorate Bill [b 15b— 2010] and civilian Secretariat for police service bill [B16B—2010] (Consideration) ...... 2822 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1615 International Aids Day ...................................................................... 1093 Petitions, means to serve needs of community more efficiently ....... 2357 Using ICT to Advance Rights of Women .......................................... 2441

(xxxvii) Statements ................... 1033,1585,2221,2252, 2364, 2455, 2513, 2603, 2644 ................................................................................................. 2808 Subject for discussion: Freedom Day: 16 Years later ........................................................... 2189 Governance of Robben Island .......................................................... 2832 Lack of development for young people ............................................. 2267 Sixteen days of activism for no violence against women and children and international aids day ........................................................ 2999 Social challenges with which single parents in Western Cape are confronted on daily basis ............................................................. 2866 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2756 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 6 – Health ................................................................................. 1186 Vote 11 – Agriculture ........................................................................ 1206 Vote 4 – Community Safety .............................................................. 1266 Vote 9 – Environmental Affairs and Development Planning ............. 1343 Vote 3 – Provincial Treasury ............................................................ 1354 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 6 – Health ................................................................................. 3113 Vote 5 – Education ........................................................................... 3153 Vote 9 – Environmental Affairs and Development Planning ............. 3182 Vote 7 – Social Development ........................................................... 3228 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety .............................................................. 1712 Vote 7 – Social Development ........................................................... 1787 Vote 11 – Agriculture ........................................................................ 3123 Vote 9 – Environmental Affairs and Development Planning ............. 2014 Vote 11 – Agriculture ........................................................................ 2104 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ............................. 3045 VISSER, J J Ad Hoc Committee on nomination of Public Service Commissioner ........... 911 Bitou Municipality: Draft Resolution in terms of Rule 119 ......................... 2586 Bitou Municipality, Problems at ................................................................... 591 Condolence, Motion of: Deputy Speaker, Mother of ................................................................ 786 Fourie, Sorette ................................................................................. 2776 Klaasen, Clr Kevin .............................................................................. 107 Hörstmann, Fritz ................................................................................. 660 Minister Madikizela’s family .............................................................. 2706 Residents who died in fire at Rusthof .............................................. 2176 Van Niekerk, Dr Theresa .................................................................... 659 Congratulations: DA on victory in Worcester ....................................................................... 1891 Jewish Community ................................................................................... 2570 Management: Silwerkruin Home for the Elderly, Wellington ..................... 1040 Municipalities, most productive ................................................................. 3060 Minister on compilation of guide ............................................................... 1645 Winners of national female farmer competition ........................................ 2461 WP Rugby team on victory over sharks.................................................... 2656 Delivery of housing, alternative technology in ..................................................... 936

(xxxviii) Farming, small-scale – economic feasibility of .................................................. 2299 Good wishes for Cape Argus Pick 'n Pay Cycle Tour ....................................... 1596 Increased property rates ................................................................................... 1592 Municipal Disaster Management Plans, Investigation into .................................. 783 Premier: ................................................................................................................. Opening Address of ............................................................................ 52, 1520 Report of Ad Hoc Committee on appointment of Public Service Commissioner for Western Cape (Consideration) .......................... 1624, 1633 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ......................................................................................... 1113 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ..................................................... 796 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .......................... 2736 Speaker's Debate: Women of Western Cape – Employment, opportunities and choices ............................................................................................... 565 Statements ..................... 12,103,603,679,739,931,972,1106,1287,1583,1640,1738, .......................................... 2116, 2223, 2291, 2368, 2397, 2457, 2471, 2642, 2695, ..................................................................................................... 2767, 2920, 3259 Subject for discussion: Conditions in places where poor people live ............................................ 2534 Heavy burden on road infrastructure in Western Cape .............................. 995 Impact of ANC Government on Service delivery in Western Cape ............. 548 Oversight role and responsibility of Provincial Government ..................... 2493 Problems in Bitou Municipality .................................................................... 940 Removal of small business traders ........................................................... 2316 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ................................................................................ 1210 Vote 13 – Cultural Affairs and Sport ......................................................... 1236 Vote 8 – Local Government and Housing ................................................. 1249 Vote 9 – Environmental Affairs and Development Planning ..................... 1345 Consideration of Votes and Schedules .................................................... 1390 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 11 – Agriculture ................................................................................ 3125 Vote 8 – Housing ...................................................................................... 3134 Vote 14 – Local Government .................................................................... 3177 Vote 2 – Provincial Parliament ................................................................. 3245 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ........................................................................................ 152 Vote 8 – Local Government ........................................................................ 172 Vote 13 – Cultural Affairs and Sport ........................................................... 203 Vote 5 – Education ..................................................................................... 253 Vote 9 – Environmental Affairs and Development Planning ....................... 380 Vote 11 – Agriculture .................................................................................. 501 Vote 2 – Provincial Parliament ................................................................... 522 Western Cape Appropriation Bill [B1—2010] Vote 14 – Local Government .................................................................... 1809 Vote 8 – Housing ...................................................................................... 1839 Vote 5 – Education ................................................................................... 1877 Vote 12 – Economic Development and Tourism ...................................... 1961 Vote 9 – Environmental Affairs and Development Planning ..................... 2013

(xxxix) Vote 13 – Cultural Affairs and Sport ......................................................... 2043 Vote 11 – Agriculture ................................................................................ 2111 Western Cape Local Government Laws Rationalisation Bill [B2B—2010] (Consideration and Finalisation) ............................................................... 2943 VON BRANDIS, E J Car Magazine Award for Safely Home Programme .................................. 1596 Cape Town as second best destination in Africa and Middle East ............ 2372 Condolence, Motion of: Madinga, Lulama .............................................................................. 1037 Nel, F B B, Van Lill, M M E and Eloff, J M, Cycle accident victims ... 1594 Congratulations: Hanekom, Mr A, on election ............................................................. 1892 Theewaterskloof Municipality 2777 KaapRapport and Van Loveren Town of the Year Competition .......... 659 Economic and environmental developments, importance of ..................... 2369 Fatal taxi accident on Constantia Main Road ............................................ 2303 Free trade ports, Establishment of ............................................................ 2256 Gratitude and appreciation to committee coordinators ............................. 2521 Minister Alan Winde: saving of drowning woman ...................................... 2352 Premier: Opening Address of .......................................................................... 1512 Provincial Development Council, Closing down of ................................... 2225 Report of Budget Committee on Division of Revenue Bill [B4—2010] (NCOP) (Consideration) ......................................................... 1635, 1735 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration).................................................................... 1109 Report of Conduct Committee on complaints against current and former Members of Western Cape Provincial Parliament (Consideration) ....................................................................... 1273, 1278 Report of Conduct Committee on complaints lodged against current and former Members of Western Cape Provincial Parliament ................. 1011 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ............................................. 801 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .................. 2747 Roadblocks over weekend ........................................................................ 2567 Statements ....................... 13,300,530,584,601,781,924,977,1005,1032,1103, ................... 1292, 1586, 2119,2173,2219,2255, 2298, 2342, 2400, ..................................... 2475, 2517, 2555, 2610, 2810, 2917, 3257 Subject for discussion: Heavy burden on road infrastructure in Western Cape ...................... 990 Impact of Economic Recession on Western Cape and steps to prevent recession ....................................................................... 696 Removal of small business traders ................................................... 2309 Safety on public transport in Western Cape ..................................... 2236 Social and economic circumstances of those in remote rural areas ... 851 Success of Safely Home Project ............................................................... 2700 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 12 – Economic Development and Tourism .............................. 1307 Vote 10 – Transport and Public Works ............................................. 1320 Vote 3 – Provincial Treasury ............................................................ 1352

(xl) Western Cape Adjustments Appropriation Bill [B9—2010] Vote 3 – Provincial Treasury ............................................................ 3144 Vote 12 – Economic Development and Tourism .............................. 3149 Vote 10 – Transport and Public Works ............................................. 3200 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 116 Vote 12 – Economic Development and Tourism ................................ 337 Vote 10 – Transport and Public Works ............................................... 402 Vote 3 – Provincial Treasury .............................................................. 426 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1653 Vote 3 – Provincial Treasury ............................................................ 1899 Vote 12 – Economic Development and Tourism .............................. 1952 Vote 10 – Transport and Public Works ............................................. 2065 Consideration of Votes and Schedules ............................................ 2159 Western Cape Liquor Amendment Bill [B4B—2010] (Consideration and finalisation) ........................................................ 3267 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation) ....... 3049 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Consideration of principle ........................................ 1081 WALTERS, M C Beaufort West and Ceres farm murders ................................................... 1293 Condolence, Motion of: Brady, Nazario .................................................................................... 694 Kotzé, Pen ........................................................................................ 2408 Congratulations:

Department of Agriculture................................................................... 756 Fisher, Mr Adam ................................................................................. 363 Hanukkah celebrations ..................................................................... 3033 Hattingh, Adele ................................................................................. 2523 Key Figures in Western Cape Agriculture......................................... 2780 Minister of Agriculture ....................................................................... 2856 Muggels, Mr Hendrik ................................................................... 104,108

M5 Developments Cape and Overstrand Municipality ........................ 988 Overstrand Municipality ...................................................................... 939 Premier ............................................................................................. 2856 Radio Sonder Grense and Agri Wes-Cape....................................... 3064 Somers, Christo ............................................................................... 2818 Sunflower Fund Ladies ..................................................................... 2466 Western Cape Women Farmers of the Year ...................................... 659 Winners’ who are part of Western Cape fruit Industry ...................... 2617 Corruption in municipalities ....................................................................... 2928 Eskom's tariff increases ............................................................................ 1642 Farm Worker Forum.................................................................................. 2230 Impact of civil servant strike on service delivery and economic development .. in Western Cape ............................................................................... 2478 Importance of conservation of biodiversity resources ............................... 2698 Overstrand Municipality: 2009 Cleanest Town Competition ...................... 1109 Pollution of Eerste River ............................................................................. 935 Pollution of water resources, Control of ................................................... 2227

(xli) Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ............................................. 790 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .................. 2740 Rural Development: Optimisation ............................................................... 538 Statements ......... 305, 582, 599, 648, 828, 1587,1638,1742,2167, 2366, 2512 , .................................... 2250, 2603, 2648, 2692, 2852, 2921, 3022

Subject for discussion: Governance of Robben Island .......................................................... 2837 Heavy burden on road infrastructure in Western Cape ...................... 997 Heritage Day ...................................................................................... 820 High levels of pollution in water of Eerste River ............................... 1012 Housing development in Delft ........................................................... 1058 Removal of small business traders ................................................... 2313 Support to WP in Currie Cup final ............................................................. 2783

Western Cape Adjustments Appropriation Bill [B8—2009] Vote 11 – Agriculture ........................................................................ 1204 Vote 5 – Education ........................................................................... 1222 Vote 13 – Cultural Affairs and Sport ................................................. 1232 Vote 8 – Local Government and Housing ......................................... 1251 Vote 4 – Community Safety .............................................................. 1268 Vote 9 – Environmental Affairs and Development Planning ............. 1336 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 11 – Agriculture ........................................................................ 3121 Vote 9 – Environmental Affairs and Development Planning ............. 3181 Western Cape Adjustments Appropriation Bill [B9—2010] Vote 8 – Housing .............................................................................. 3138 Western Cape Appropriation Bill [B2 – 2009] Vote 8 – Housing ................................................................................ 158 Vote 13 – Cultural Affairs and Sport ................................................... 201 Vote 5 – Education ............................................................................. 257 Vote 7 – Social Development ............................................................. 323 Vote 9 – Environmental Affairs and Development Planning ............... 373 Vote 4 – Community Safety ................................................................ 462 Vote 11 – Agriculture .......................................................................... 488 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety .............................................................. 1710 Vote 14 – Local Government ............................................................ 1820 Vote 8 – Housing .............................................................................. 1851 Vote 5 – Education ........................................................................... 1874 Vote 9 – Environmental Affairs and Development Planning ............. 2007 Vote 13 – Cultural Affairs and Sport ................................................. 2049 Vote 11 – Agriculture ........................................................................ 2095 Consideration of Votes and Schedules ............................................ 2158 Western Cape Health Care Waste Management Amendment Bill [B3B—2010] (Consideration and finalisation) ............................. 3046 Western Cape Model of Land Reform ...................................................... 2403 WILEY, M G E Condolence, Motion of: Du Toit, Jan ...................................................................................... 2856 Jacobs, Mr M ...................................................................................... 837 Searll, Aaron and Snyman, Lannice ................................................. 2231

(xlii) Conduct towards women MPPS ................................................................. 607 Congratulations: Gold Medal for Surf Life Saving .......................................................... 541 Mocke, Mr Dawid .............................................................................. 1293 Mosiela High School ........................................................................... 789 Sandes, Mr Ryan .............................................................................. 3063 SAPS ................................................................................................ 2855 South African Police Service ............................................................ 2350 Executive statement: De Doorns .............................................................. 2337 Impact of gang violence ............................................................................ 2699 Premier: Opening Address of .......................................................................... 1539 Rail Commuter Action Group: Mr Leslie Van Minnen ................................. 144 Report of Standing Committee on Education, Cultural Affairs and Sport on visit to Uitzig Secondary School (Consideration) ......................... 1012 Report of Standing Committees meeting jointly on their participation in NCOP Provincial Week (Consideration) ...................................... 759,805 Report of standing committee on community safety on independent Police investigative directorate Bill [b 15b— 2010] and civilian Secretariat for police service bill [B16B—2010] (Consideration) ...... 2822 Report of Standing Committees meeting together regarding their Participation in NCOP Provincial Week (Consideration) .................. 2743 Role of seat of national Parliament in nation-building ................................. 932 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1613 International Aids Day ...................................................................... 1094 Statements .............. 9, 98,532,650,745,827,975,1004,1289,2169, 2296, 2338 .................................. 2363, 2454, 2558, 2607, 2696, 2764, 2807, 2850, 3021 Subject for discussion: Burglaries, vandalism and theft at state schools .............................. 2383 Governance of Robben Island .......................................................... 2833 Impact of alcohol and drug abuse on family system ........................... 670 Heritage Day ...................................................................................... 812 Policing in Mitchells Plain ................................................................... 882 Safety on public transport in Western Cape ..................................... 2241 Statements made by Premier ............................................................. 626 Xenophobic Violence in Western Cape – Role of Provincial Government in ............................................. 2420 Taxi Strike ................................................................................................. 1744 Thanks to SAPS, Metro Police, Premier and Mr J P Smith ......................... 938 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2758 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 6 – Health ................................................................................. 1187 Vote 11 – Agriculture ........................................................................ 1211 Vote 5 – Education ........................................................................... 1224 Vote 4 – Community Safety .............................................................. 1258 Vote 7 – Social Development ........................................................... 1301 Vote 9 – Environmental Affairs and Development Planning ............. 1341 Consideration of Votes and Schedules ............................................ 1389 Western Cape Adjustments Appropriation Bill [B9—2010] Consideration of principle ........................................................ 3082 Vote 4 – Community Safety ..................................................... 3222

(xliii) Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ................................................................... 125 Vote 5 – Education ............................................................................. 258 Vote 6 – Health ................................................................................... 287 Vote 7 – Social Development ............................................................. 321 Vote 9 – Environmental Affairs and Development Planning ............... 384 Vote 4 – Community Safety ................................................................ 454 Vote 11 – Agriculture .......................................................................... 496 Western Cape Appropriation Bill [B1—2010] Vote 4 – Community Safety .............................................................. 1705 Vote 7 – Social Development ........................................................... 1789 Vote 6 – Health ................................................................................. 1927 Vote 9 – Environmental Affairs and Development Planning ............. 2017 Vote 13 – Cultural Affairs and Sport ................................................. 2050 Vote 11 – Agriculture ........................................................................ 2106 Western Cape Provincial School Education Amendment Bill [B 8B—2010] (Consideration and finalisation) ............................ 3053 WINDE, A R Bitou Municipality: Draft Resolution in terms of Rule 119 ............... 2573, 2593 Financial Governance Review and Outlook, 2009 – Tabling .................... 1599 Premier: Opening Address of .......................................................................... 1546 Provincial Economic Review and Outlook – Tabling and consideration .... 1042 Report of Budget Committee on Medium-Term Budget Policy Statement (2010-2013) and Provincial Economic Review and Outlook (Consideration) ................................................................................. 1120 Report of Standing Committee on Community Development on Social assistance Amendment bill [B5B—2010] (Consideration) ................................................................................. 2503 Subject for discussion: Impact of Economic Recession on Western Cape and steps to prevent recession ............................................................................... 710 Outcomes of 2009-10 annual reports ....................................................... 2959 Problems in Bitou Municipality ............................................................ 945 Western Cape Adjustments Appropriation Bill [B8—2009] Introduction and First Reading ......................................................... 1070 Consideration of principle ....................................................... 1146, 1176 Vote 12 – Economic Development and Tourism .................... 1305, 1313 Vote 3 – Provincial Treasury .................................................. 1350, 1357 Finalisation ....................................................................................... 1391 Western Cape Adjustments Appropriation Bill [B9—2010] (Introduction and First Reading) ....................................................... 2970 Consideration of principle ....................................................... 3065, 3091 Vote 3 – Provincial Treasury .................................................. 3141, 3145 Vote 12 – Economic Development and Tourism .................... 3146, 3150 Finalisation ....................................................................................... 3270 Western Cape Appropriation Bill [B2 – 2009] Consideration of principle ............................................................ 112,139 Vote 12 – Economic Development and Tourism ......................... 329,352 Vote 3 – Provincial Treasury ....................................................... 422,432 Finalisation ......................................................................................... 526

(xliv) Western Cape Appropriation Bill [B1—2010] Introduction and First Reading ......................................................... 1571 Second Reading ..................................................................... 1648, 1681 Vote 3 – Provincial Treasury .................................................. 1895, 1906 Vote 12 – Economic Development and Tourism .................... 1944, 1962 Finalisation ....................................................................................... 2159 Western Cape Liquor Amendment Bill [B4B—2010] (Consideration and finalisation) .............................................. 3264, 3268 Western Cape Procurement (business interest of employees) Bill [B 7—2010] (Consideration and finalisation)3047, 3050 Western Cape Sixteenth Gambling and Racing Amendment Bill [B6—2009] Introduction and First Reading ......................................................... 1041 Consideration of principle ................................................................. 1081 Western Cape Unauthorised Expenditure Bill [B5 – 2009] Introduction and First Reading ......................................................... 2467 Western Cape Unauthorised Expenditure Bill [B5 – 2010] Consideration ................................................................................... 2502 Western Cape Unauthorised Expenditure Bill [B5 – 2010] Finalisation ....................................................................................... 2503 WITBOOI, J Chestnut Clinic in Belhar, situation at ......................................................... 981 City of Cape Town: Health Plan on HIV and TB ......................................... 933 Condolence, Motion of: Sefularo, Dr ..................................................................................... 2178 Slade, Deon ...................................................................................... 2783 Stemmet, Adnaan ............................................................................. 2570 Congratulations: Agenton, Dr Kelly of UCT ................................................................. 2657 Blom, John ................................................................................................ 2816 Emergency Services Staff ................................................................ 1128 President Jacob Zuma on taking Aids test ...................................... 2176 Students and Institutions .................................................................. 2782 DA Political Appointments ........................................................................... 361 Deliberate funding cuts in Department of Social Development ................. 2772 Drop in Khayelitsha’s infant HIV infection rate .......................................... 3263 Environmental and Health Issues ............................................................. 1744 Future of Somerset Hospital ..................................................................... 2173 H1N1 Virus, Number of deaths as a result of .............................................. 784 Health Rights and responsibilities, Review of ............................................ 655 Inferior service delivery to poor people ..................................................... 2923 International Nurses Day .......................................................................... 2229 Manipulation by EMS Staff of Triage System ............................................ 2405 Measles outbreak in province ................................................................... 2122 Organ Donor Month as August ................................................................ 2409 Safety of personnel at hospitals ................................................................ 2257 Shortage of flu vaccines ........................................................................... 2176 Speaker's Debate: Human Rights Day: Human Trafficking ............................................ 1616 International Aids Day ...................................................................... 1089 Using ICT to Advance Rights of Women .......................................... 2437 Women of Western Cape – Employment, opportunities and choices ....................................................................................... 573

(xlv) Statements ........................................ 99, 534,776, 899, 1031,1102,1588,1640 Subject for discussion: Conditions in places where poor people live .................................... 2532 Impact of alcohol and drug abuse on family system ........................... 666 Heritage Day ...................................................................................... 815 Lack of development for young people ............................................. 2272 Sixteen days of activism for no violence against women and children and international aids day ........................................................ 3002 Surprise visit by President Zuma .............................................................. 2569 Swine Flu, Preparations for outbreak of ...................................................... 591 Western Cape Ambulance Services Bill [B7B—2009] (Consideration and finalisation) ........................................................ 2755 Western Cape Adjustments Appropriation Bill [B8—2009] Vote 6 – Health ................................................................................. 1183 Western Cape Adjustments Appropriation Bill [B9—2010] Debate on Vote 6 – Health ............................................................... 3113 Western Cape Appropriation Bill [B2 – 2009] Vote 6 – Health ................................................................................... 280 Vote 7 – Social Development ............................................................. 324 Western Cape Appropriation Bill [B1—2010] Vote 7 – Social Development ........................................................... 1788 Vote 5 – Education ........................................................................... 1876 Vote 6 – Health ................................................................................. 1925 Western Cape District Health Councils Bill [B6B—2010] (Consideration and Finalisation) ....................................................... 2945 ZILLE, H [PREMIER with effect from 06/05/2009] Ad Hoc Committee .................................................................................... 2860 ANCYL calls for service delivery protests ................................................. 2861 Birthday wishes to Ms C F Beerwinkel ...................................................... 1598 Closing ...................................................................................................... 3273 Speaker's Debate: Using ICT to Advance Rights of Women .......................................... 2447 Subject for discussion: Crisis in Hangberg ............................................................................ 2681 Freedom Day: 16 Years later ........................................................... 2180 Lack of development for young people ............................................. 2274 Sixteen days of activism for no violence against women and children and international aids day ........................................................ 3015 Social challenges with which single parents in Western Cape are confronted on daily basis ............................................................. 2871 Statements made by Premier ............................................................. 639 Xenophobic Violence in Western Cape – Role of Provincial Government in ............................................. 2426 Premier: Opening Address of .................................................... 22, 72, 1445, 1551 Executive Statement ........................................................................ 2393

Western Cape Adjustments Appropriation Bill [B8—2009] Consideration of principle ................................................................. 1148 Vote 1 – Premier .................................................................... 1358, 1368

(xlvi) Western Cape Adjustments Appropriation Bill [B9—2010] Vote 1 – Premier .................................................................... 3101, 3107 Western Cape Appropriation Bill [B2 – 2009] Vote 1 – Premier ......................................................................... 211,230 Western Cape Appropriation Bill [B1—2010] Second Reading ............................................................................... 1660 Vote 1 – Premier .................................................................... 1746, 1765

REPUBLIC OF SOUTH AFRICA

DEBATES

OF THE

PARLIAMENT OF THE

PROVINCE OF THE

WESTERN CAPE

(HANSARD)

SECOND SESSION – FOURTH PARLIAMENT

OF THE PROVINCE OF THE WESTERN CAPE

The sign * indicates a translation. The sign †, used subsequently in the same speech, indicates the original language.

TUESDAY, 23 NOVEMBER 2010 2915 The House met at 14:15. The Deputy Speaker took the Chair and read the prayer. ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS–see p

†The DEPUTY SPEAKER: On behalf of the Western Cape Provincial Parliament we want to welcome Col Pieter Kobie, Commanding Officer of the Army Support Base in the Western Cape; Sgt-Major DD van der Merwe, Chief Warrant Officer, Armed Support Formation; Sgt-Major Ketsemo; and all other sergeant-majors from various army bases across the country. You are welcome in the Western Cape Provincial Parliament. *Mr J J VISSER: Mr Deputy Speaker, may I also welcome my guests from De Doorns? They are farm workers from A S Viljoen en Seuns Boerdery of De Doorns. They farm with table grapes and I would like to give them a warm welcome to the House. *The DEPUTY SPEAKER: Thank you, hon Visser. You are most welcome.

2916 TUESDAY, 23 NOVEMBER 2010

STATEMENTS BY MEMBERS

*Ms A J DU TOIT MARAIS (DA): Mr Deputy Speaker, I would like to paint the following picture for the House: The Delft Community Health Centre provides a 24-hour service; their catchment area of service delivery includes 500 000 people; the number of schools in the area is 14; the clinic has a patient load of 32 000 people per month, of which TB patients constitute 800 per month; the appointment system works on 30 patients per hour which is an almost impossible task. This boils down to two minutes per patient, which could cause patients to wait, especially if a diagnosis were to be complex. When I visited Delft this morning, the dedication of the manager, Mr Jaco van Heerden, Sister Chetty and Sister Kiewiets once again impressed me. With this past week’s visit to Qwaqwa by the National Council of Provinces, it was seen, heard and experienced how a community and employees suffer under politicians who do not provide political leadership and are not accountable. Without good public schools, clinics and community health centres for health care, children in poor communities in particular do not have a chance to escape their poverty. Skills and knowledge are essential for good service delivery. Primary healthcare is the constitutional right of every South African citizen. The DA Western Cape government strives to meet this fundamental right of the voter with the funds and manpower at their disposal. In light of this, the Minister of Health, Minister Botha, is requested to urgently address the following three aspects in the Delft Community Health Centre: a second nurse to handle the patient load of 800 TB patients – there is currently only one available; expanding and improving the waiting area by merely placing a roof over the courtyard at an estimated cost of R180 000; and appointing an additional security guard. Mr Deputy Speaker, there is only one road towards effective, excellent service delivery and that is strong political leadership with integrity, that communicates the right message to the relevant staff and actively promotes accountability, of which the Delft Community Health Centre is an example.[Time expired.] †Mr P UYS (ANC): Mr Deputy Speaker, the DA continues to be hell-bent on closing down the democratic space for debate and oversight in this Parliament. [Interjections.] This adverse situation stretches over a long period. Last week the Speaker unilaterally overturned a decision of the House that questions may stand over when a member is away on official business of Parliament. It boggles the mind that questions are allowed to stand over for the DA coalition, but not for the ANC. There is no equality. By denying the ANC the same space as the DA, the DA closes down the democratic space. It is not just a matter of procedure, but principle. [Interjections.] What is good for the one, must be good for the other. The ANC wants to play a meaningful oversight role as foreseen in the Constitution, by properly participating and interrogating issues of importance. The DA, however, keeps on attacking democracy and the Constitution in order to serve a narrow political agenda. Double standards and contradictions prevent the ANC from making a full input here.

TUESDAY, 23 NOVEMBER 2010 2917 Mr Deputy Speaker, to this end we need a well-run and predictable setting to operate in, not one where papers are late and not all the parties are given enough time to prepare and take part in the proceedings. *Mr E J VON BRANDIS (DA): Mr Deputy Speaker, on 8 October 2010 Mr Palanyandi was pushed from a moving train and as a result lost his legs from the knees down. This incident has once again raised concerns about the safety and standards of rail transport in the Western Cape and South Africa. In April this year, commuters had to accept price increases of up to 40%.A first-class ticket between Wellington and Cape Town has increased by 35%, from R285 to R384 per month. A third-class ticket on the same route has increased by 40%, from R128 to R180 per month. These drastic price increases were accompanied by promises of renovations to trains, new stations, upgraded stations and improved security. In the Western Cape, more than 350 000 people make use of the railway network on a daily basis as commuters, to go and earn an income. It is unacceptable that transport costs rise by more than 30% without a real difference having been made in service delivery. Although to date, Metrorail shows a 39% reduction in crime this year, the trains themselves, however, do not have enough security guards. Littering is a serious problem. Stations and trains are looking more and more like rubbish bins and grafiti wall hangings. Bag snatchers remain a major security problem. The biggest danger for commuters is that of train doors that, more often than not, don’t seal properly. Mr Deputy Speaker, revitalising rail transport in the Western Cape is crucial, not only for service delivery but also to create opportunities for the people of the Western Cape; opportunities that would make it possible for people to share in the economy by making use of job opportunities. Although good work has already been done, we would like to appeal to the Minister of Transport and Public Works to continue exerting pressure in an ongoing and sustainable way, in order to improve the safety and general state of our rail network, thereby preventing incidents such as the one that happened to Mr Palanyandi.[Time expired.] Mnu M NCEDANA (COPE): Sekela-Somlomo,Ngenyanga ka-Agasti kulonyaka le Palamente ibithe yahamba ihambela ukwenza lento kuthwa lulongamelo sabheka ePhilippi apho khona besifike abantu behlala emanzini khona. Nanamhlanje basahlala kulomgxobhozo akukho nto yenziweyo ngulo Rhulumente. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA (COPE): Deputy Speaker, during the month of August this year this Parliament went for an oversight visit to Philippi where we found people living in floods. Even today those people are still living in floods and nothing has been done by this Government.]

2918 TUESDAY, 23 NOVEMBER 2010 The Chairperson of the Portfolio Committee had promised to take up the issue with the Minister, but we are yet to get to the report on the progress of this particular issue. Cope continues to be worried about the government not prioritising the poor communities. [Interjections.] The situation that is taking place in Khayelitsha and TR Section continues.

The government may claim that there are political parties involved there, but that does not take away the responsibility of the government to make sure, first and foremost, that service delivery is rendered in those places. It can never be true that the entire community is corrupt or is made up of criminal. Therefore, do not shirk your responsibility. Mr Deputy Speaker, the DA has failed. They promised to serve all the people in all the communities and I think it is now high time that we tell them that they are failing society. Secondly, whenever there are issues that are of interest and raise popularity the Premier will always be there. An HON MEMBER: That’s true. Mr M NCEDANA: When there are issues that are supposed to be responded to, which affect the poor of this province, she is not there. The question is: Who is she really serving? [Interjections.] Is she really serving the people of the Western Cape or is she only there to serve a few individuals, to be specific, the white community? [Time expired.] †Mr P C MCKENZIE: Yes, that’s who. [Interjections.] †The DEPUTY SPEAKER: Hon Ncedana, order! Mnu M NCEDANA: Sukuthetha nam ndendwa. [Mr M NCEDANA: You must not only talk to me.] [[Interjections.] The DEPUTY SPEAKER: Order, hon Ncedana! †Mr P M JACOBS (ANC): The ANC condemns the destructive protests in Khayelitsha and calls on all to stop their unacceptable actions immediately. [Interjections.] The ANC also distances itself from any opportunistic groups. Abahlali Base Mjondolo, Mzonke Poni and his followers must take full responsibility for their actions in which vehicles and businesses were attacked and services … The MINISTER OF TRANSPORT AND PUBLIC WORKS:[Inaudible.] Mr P M JACOBS: That’s a lie, Mr Carlisle. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: On a point of order: May the hon Jacobs say to me, “That is a lie, Mr Carlisle”? †Mr P M JACOBS: Mr Deputy Speaker, let me apologise and withdraw what I said. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Thank you. †Mr P M JACOBS: They must take full responsibility for their actions in which vehicles and businesses were attacked and services disrupted.

TUESDAY, 23 NOVEMBER 2010 2919 Those criminals riding on their backs should be dealt with by the law. This is precisely why the blunder by the Desperate Alliance Cape Town mayoral hopeful, J P Smith, on Khayelitsha policing so clearly exposes the ethnic underbelly of his party. The DA is happy with inferior services for the poor areas, because, as Smith said, they do not pay rates. The DA should instead create jobs and develop needy areas. Smith’s heartbreak excuse was only aimed at those he claimed were misunderstanding him. His half-hearted apology was further rubbished by the Premier, who defended Smith’s initial facts and figures. Instead of getting out of the ditch the DA digs itself in deeper. *Ms J L HARTNICK (DA):Mr Deputy Speaker, residents of the Western Cape are encouraged to support George as the town that should host the Sevens Rugby tournament in South Africa. They have already proven that they can host the tournament successfully. The second part of the International Rugby Board’s Sevens World Series will be hosted in George again this year and 16 international Sevens rugby teams will thrash it out in the Outeniqua Park Stadium. Sevens rugby has already been hosted here on a previous occasion and the supporting infrastructure is well developed. The number of participants, the support staff and the fans know that George is a great host town. The broader community, especially the business sector such as the restaurant and guesthouse industry and tourist attractions, will benefit from it. George, which falls in the Eden district area, has been heavily burdened by unemployment and other social problems in recent years. The Sevens Rugby tournament will be just the boost that George and the surrounding area needs. Thousands of fans go to George each year to support their teams and these fans should be encouraged to make use of the surrounding tourist attractions of the Garden Route. Sevens Rugby will be making its debut as an Olympic sport in the 2016 Olympics. The popularity of the sport lies in it being a fast, competitive game and the fact that so many nations can compete. Since the sport gained Olympic status, the number of participants and fans has been growing throughout the world. Television coverage of this year’s eight tournaments will be broadcast in 16 languages, in 141 countries and on six continents. Approximately 750 million people will be reached. During the 2010 Soccer World Cup, George proved that the region has the ability and the capacity to host competitive sporting events on an international level and the DA calls on all citizens of the Western Cape to support the tournament.[Time expired.] *Mr I E JENNER (ID):Mr Deputy Speaker, the recently signed statement of intention between the South African government and the Dutch Language Union brings about new hope for language survival in South Africa. The role of the Language Commission and the National Department of Arts and Culture creates new excitement about the survival of this living language.

2920 TUESDAY, 23 NOVEMBER 2010 If English can take its proper place, it will bring hope for the development of other

indigenous languages that are on their way to becoming extinct.

My plea is therefore that the language debate should not fall on deaf ears, but that the realisation that language can include or exclude people will be revived. This statement of intention must be adopted by communities in order to ensure the survival of our language and all indigenous languages. Only those who use a language can keep a language alive. Afrikaans is also the language in which most folk tales and oral history are handed down, therefore the language should be retained to ensure that the traditions, culture and customs do not die with the language we speak. †Mr J J VISSER (DA): Mr Deputy Speaker, on 16 November 2010 I attended a meeting of the NCOP in Qwaqwa, at the Maluti-a-Phofung Local Municipality of the Free State Province. The chairperson reluctantly allowed me to table a motion without notice, which I did. [Interjections.] The motion was that the NCOP take note of the fact that the Charles Mopedi Stadium in which we were having the meeting was in a very sorry state of neglect and that bad management of the local authority had led to it. [Interjections.] This stadium was built in 1990 and has about 10 000 seats. About R70 million has already been spent on the stadium. The local authority allowed the stadium to be damaged to such an extent that the tartan athletics track has to be replaced fully if the people of Qwaqwa ever want to use it for athletic events again. Big, heavy trucks were allowed to drive onto the track, which damaged it beyond repair. The people who put up the big tent in which the meeting was held pegged the anchor poles directly into the tartan track. [Interjections.] Everybody could see in what a sorry state the stadium was and yet the ANC members of the meeting voted against my motion. [Interjections.] By doing that the ANC effectively condoned the fact that local authorities must be allowed to mismanage state-owned property, which had been built for the people to use and enjoy. The ANC showed their inability to deliver, manage, control and maintain or, in other words, to govern properly. The hon Ace Magashule used, or let me rather say misused, the privilege to make politics out of the opportunity rather than to address the needs of the people. The people booed the mayor and the district mayor when they were announced. I wonder why. Maybe it was because they do not deliver the services the people need, like the stadium for instance. [Interjections.] I need not say more, Mr Deputy Speaker, but it was clear that the ANC was unmasked for what they are, opportunistic manipulators of the truth. *Ms E PRINS (ANC):Mr Deputy Speaker, it is a shame that an MEC of the DA government has to be asked repeatedly for a plan to propose a better dispensation for farm workers. To then be asked again in an open letter in a newspaper is really quite bad. This is what John Theunissen of Beaufort West had to do.

TUESDAY, 23 NOVEMBER 2010 2921 This is exactly what this DA government does: it pushes the workers aside. About a week ago, the Cabinet met with farmers in Worcester. I suspect it was a DA meeting because there were no emerging, small or subsistence farmers to be seen. *The MINISTER OF AGRICULTURE: That is not true.[Interjections.] *Ms E PRINS: Not to mention farm workers.[Interjections.]If it were a government event, why was the full portfolio committee not also invited? But this is how we are getting to know this government. [Interjections.] Together with this, Cape Town acts against farmers by banning eating of meat on certain days and also banning bottled water. Perhaps the Premier should listen, because she regularly and thirstily drinks a little bottled water every day. Then the province lands in an ever growing water crisis, with water becoming scarcer and water quality that is highly suspect. Laingsburg and other towns such as Beaufort West are already in trouble. This government will have to get its priorities in order. *The MINISTER OF AGRICULTURE:I suppose it is my fault, isn’t it.[Interjections.] The DEPUTY SPEAKER: Order! *Mr M C WALTERS (DA):Mr Deputy Speaker, we all know that the newspaper industry exposes the criminality of the ANC members, which is why they are planning to pass a Bill to muzzle the newspaper industry.[Interjections.]One of the most recent examples relates to a matter at the national government level, but which has a huge impact on the welfare and unemployment of people in the Western Cape. †A continuing investigation by the Sunday Times revealed how a former ANC MP, and currently the head of the ANC Western Cape Economics Transformation Desk, Maxwell Moss, assisted another ANC member in obtaining a 2-ton fishing quota. †Mr E J VON BRANDIS: Can you believe it! †Mr M C WALTERS: This quota was previously owned by 197 unemployed fishermen in the Hout Bay area ... [Interjections.] ... who depended on this for their livelihood. The quota worth R600 000 was to alleviate the problems of a community consisting of mainly unemployed women. [Interjections.] †The DEPUTY SPEAKER: Order, hon members! [Interjections.] Hon Minister and hon McKenzie, order! *Mr M C WALTERS: Despite claims that the tender for the fishing quota was allocated to the woman from Darling through due process, it seems that, as with almost everything to do with the ANC, there are irregularities concerning the tender. The registration of the company under whose name the woman received the quota has been revoked for some time ... An HON MEMBER: Give it back!

2922 TUESDAY, 23 NOVEMBER 2010 Mr M C WALTERS: ... due to outstanding taxes. The department confirmed that they were unaware that the company is no longer registered. Legal transfer of a tender requires that the majority shareholders give their consent, but the Sunday Times is in possession of an affidavit from 59 former shareholders who say they never received payment for the transfer or sale of shares as required by law.[Interjections.] †The ANC is always criticising and accusing everybody who does not support them of being against the poor. We all know that that is a lie. The actions by members of the ANC show that it is truly the ANC that does not care for the poor. †Mr E H ELOFF: Yes! †Mr M C WALTERS: Giving the livelihood of 197 people to an ANC supporter, who does not even own a boat, proves just how little the ANC really cares about the poor. *Mr E J VON BRANDIS: Yes, it has nothing to do with black and white, only with the poor.

PROBLEMS IN HOUSING PROJECT, OUR PRIDE, IN EERSTE RIVER

(Notice of motion) †Mr P M JACOBS: Mr Speaker, I give notice that I shall move:

That the House debates the unacceptable delays with the building of houses and the illegal occupation of these houses in the Western Cape’s first integrated housing pilot project, Our Pride, in Eerste River.

[Notice of motion as given by member.] Mr P M JACOBS: Mr Speaker, I give notice that I shall move: That the House debates the unacceptable delays in the building of houses and

the illegal occupation of these houses in the first Western Cape integrated pilot housing project, Our Pride, in Eerste River.

[Notice of motion as printed on Order Paper.]

WATER CRISIS UNDER DA GOVERNMENT

(Notice of motion)

†Ms E PRINS: Mr Speaker, I give notice that I shall move:

That the House debates the growing water crisis under the DA government. [Notice of motion as given by member.]

TUESDAY, 23 NOVEMBER 2010 2923 Ms E PRINS: Mr Speaker, I give notice that I shall move:

That the House debates the growing water crisis experienced under the

government of the Democratic Alliance in the Western Cape. [Notice of motion as printed on Order Paper.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: We’re sorry, but that’s national government.

RESOLUTION OF AD HOC COMMITTEE AMENDED

(Notice of motion) †The LEADER OF GOVERNMENT BUSINESS: Mr Speaker, I give notice that I shall move:

That the resolution adopted by the House on 16 November 2010 on the establishment of an ad hoc committee be amended as follows:

To omit all the words after “that” and to substitute it with:

… an ad hoc committee consisting of seven members be appointed to investigate and report on whether allegations made by the Leader of the Opposition, and/or any other remarks made by the official opposition and detected from Hansard, during the sitting of 16 November 2010 violated the Standing Rules, established practice and convention and impugn upon the dignity and integrity of the Speaker, the Office of the Speaker and the House.

The committee to have the power to hear evidence and call for papers.

[Notice of motion as given by member.] †Mr P C MCKENZIE: Why do you keep changing? Mr M OZINSKY: [Inaudible.] †The LEADER OF GOVERNMENT BUSINESS: You were not here to help me. Normally you do these things for me.

INFERIOR SERVICE DELIVERY TO POOR PEOPLE

(Notice of motion) †Ms J WITBOOI: Mr Speaker, I give notice that I shall move:

That the House debates the unacceptable, poor environmental health conditions due to inferior service delivery that many of our poor people are exposed to and the detrimental effects thereof.

[Notice of motion as given by member.]

2924 TUESDAY, 23 NOVEMBER 2010 Ms J WITBOOI: Mr Speaker, I give notice that I shall move: That the House debates the poor and unacceptable environmental health

conditions in the Western Cape due to inferior service delivery that many of our poor people are exposed to and the detrimental effects of this state of affairs.

[Notice of motion as printed on Order Paper.] †Mr P UYS: On a point of order, Mr Speaker: The notice just read by the Leader of Government Business is not available and he couldn’t hand it in to the Table, so I ask you to reject the “no-motion”. †The LEADER OF GOVERNMENT BUSINESS: I can hand it in now. [Interjections] †Mr P UYS: Hand it in now. Now! And sign it. †The SPEAKER: All the notices must be handed to the Table, please. †Mr P C MCKENZIE: And check if it is correct now. †Mr M OZINSKY: He doesn’t know what he’s doing. He can’t even run a department, but he wants to run a legislature. [Interjections.] †The SPEAKER: Please, hon members, all motions need to be handed to the table. [Interjections] Thank you, members. [Interjections.]

EXCLUSION OF MEMBERS FROM SUMMIT ON BABY DUMPING

(Notice of motion) †Ms N P MAGWAZA: Mr Speaker, I give notice that I shall move:

That the House discusses the selective exclusion of hon members by the MEC for Social Development from the recent emergency summit on baby dumping.

[Notice of motion as given by member.] Ms N P MAGWAZA: Mr Speaker, I give notice that I shall move: That the House discusses the selective exclusion of Members of the

Provincial Legislature from the recent emergency summit on baby dumping by the Western Cape Minister of Social Development.

[Notice of motion as printed on Order Paper.]

TUESDAY, 23 NOVEMBER 2010 2925

CLOSING DOWN OF DEMOCRATIC SPACE

(Notice of motion) †Mr M OZINSKY: Mr Speaker, I give notice that I shall move:

That the House debates the DA’s continued closing down of democratic space for debate and oversight in the Western Cape Provincial Parliament under the leadership of the Chief Whip.

[Notice of motion as given by member.] Mr M OZINSKY: Mr Speaker, I give notice that I shall move: That the House debates the continued closing down of democratic space for

debate and oversight in the Western Cape Provincial Parliament by the Democratic Alliance.

[Notice of motion as printed on Order Paper.]

PRIMARY HEALTHCARE IN THE WESTERN CAPE

(Notice of motion) *Ms A J DU TOIT MARAIS: Mr Speaker, I give notice that I shall move:

That the House debates primary healthcare in the Western Cape. [Notice of motion as given by member.] Ms A J DU TOIT MARAIS: Mr Speaker, I give notice that I shall move: That the House debates primary health care in the Western Cape. [Notice of motion as printed on Order Paper.]

SELECTIVE INVITATIONS TO LAUNCH

(Notice of motion) †Ms V HANI: Mr Speaker, I give notice that I shall move:

That the House debates the selective invitations for the launch by this Parliament of the 16 Days of Activism Against Violence on Women and Children.

[Notice of motion as given by member.]

2926 TUESDAY, 23 NOVEMBER 2010 Ms V HANI: Mr Speaker, I give notice that I shall move:

That the House debates the selective invitation for the launch by this

Parliament of the 16 Days of Activism for No Violence against Women and Children.

[Notice of motion as printed on Order Paper.]

EXCLUSION OF SMALL- SCALE FARMERS FROM SUMMIT

(Notice of motion) †Ms E PRINS: Mr Speaker, I give notice that I shall move:

That the House debates the selective exclusion of emerging subsistence and small-scale farmers from a summit between Cabinet and farmers inWorcester.

[Notice of motion as given by member.] Ms E PRINS: Mr Speaker, I give notice that I shall move: That the House debates the selective exclusion of emerging, subsistence and

small-scale farmers at a recent summit between the Cabinet of the Western Cape and farmers in Worcester.

[Notice of motion as printed on Order Paper.]

DEBATE ON SERVICE DELIVERY AT CLINICS AND SCHOOLS

(Notice of motion) *Ms A J DU TOIT MARAIS: Mr Speaker, I give notice that I shall move:

That the House debates public service delivery with regard to clinics and schools.

[Notice of motion as given by member.]

ABSENCE OF MEMBERS OF EXECUTIVE FROM LEGISLATURE

(Notice of motion) †Mr P UYS: Mr Speaker, I give notice that I shall move:

That the House debates the DA’s double standards by condoning and facilitating the absence of Members of the Executive in the Legislature, but criticises the same in the National Assembly, as is the situation today with the absence of the Premier and MEC De Lille, that results in questions standing over.

[Notice of motion as given by member.]

TUESDAY, 23 NOVEMBER 2010 2927 Mr P UYS: Mr Speaker, I give notice that I shall move:

That the House – (1) notes the absence of the Premier and Ms De Lille, the Minister of Social

Development, in the House today, which has resulted in questions having to stand over; and

(2) therefore debates the double standards of the Democratic Alliance who,

on the one hand, are condoning and facilitating the absences of members of the Western Cape executive in this legislature, but have, on the other hand, criticised members of the national executive when the same thing happened in the National Assembly.

[Notice of motion as printed on Order Paper.] †Mr J J VISSER: They’re on official business.

MEMBERS NOT DEALT WITH EVEN-HANDEDLY

(Notice of motion) †Mr P UYS: Mr Speaker, I give notice that I shall move:

That the House debates the partisan and inconsistent role of the Speaker in the House where DA and ANC members are not dealt with even-handedly.

[Notice of motion as given by member.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, it’s my impression that such a motion must actually be moved in a different way; it cannot be moved like this. I don’t know the exact Rule, but I can look it up. It’s a Substantive Motion, ... †Mr P UYS: No man, of course it can. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: …according to the Rules in the Rules Book. The little blue book – you should read it some time. †Mr P UYS: Oh man, go home. Go home. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: So, I ask, sir, if you could consult with the Table, but my impression is that that motion should be withdrawn. I would’ve hoped that the Chief Whip of the Opposition would’ve known better. †Mr M OZINSKY: The Chief Whip is asleep, you know that. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I know he’s asleep.[Laughter.] †Mr M OZINSKY: There’s the Chief Whip, there. †The SPEAKER: Thank you very much. I’ve just consulted with the Table, and the motion, as put by the hon Chief Whip of the Opposition, is considered to be a Substantive Motion, which will require motivation before it can be considered.

2928 TUESDAY, 23 NOVEMBER 2010 †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Thank you, Mr Speaker.[Interjections.] †The SPEAKER: So the motion cannot be considered until it’s motivated and submitted as a substantive one. It must be handed to the Table. Can I have a copy of the motion please? [Interjections.] Thank you very much. Hon Chief Whip of the Opposition, the motion is not substantiated and therefore it cannot be a Substantive Motion. I would then ask you to kindly do that and then resubmit the motion for consideration. [Interjections.]

CORRUPTION IN MUNICIPALITIES

(Notice of motion) †Mr M C WALTERS: Mr Speaker, I give notice that I shall move:

That the House debates the occurrence of present and past corruption in municipalities of the Western Cape and the relationship thereof to political affiliation.

[Notice of motion as given by member.] Mr M C WALTERS: Mr Speaker, I give notice that I shall move: That the House debates the occurrence of corruption at present and in the

past in municipalities of the Western Cape and the relation of such corruption to the political affiliation of the persons involved.

[Notice of motion as printed on Order Paper.]

FREE STATE UNIVERSITY RACIST PHOTOS

(Notice of motion) †Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move:

That the House debates the dubious ways in which a photo was posted on the Internet by the DA’s Cape Town mayoral hopeful, Grant Pascoe, where in true “Reitz Four” tradition workers at the Free State University in Bloemfontein were asked to pose for the camera and the images were later intentionally used to embarrass African people.

[Notice of motion as given by member.] Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move: That the House debates the dubious ways in which a photo was posted on the

internet by the Cape Town mayoral hopeful of the Democratic Alliance Grant Pascoe in true Reitz Four tradition where workers at the Free State University in Bloemfontein were asked to pose for a camera and the images were later intentionally used to embarrass African people.

[Notice of motion as printed on Order Paper.]

TUESDAY, 23 NOVEMBER 2010 2929 *Mr H P GEYER: Oh please, you are way behind the times. This thing happened a long time ago.

KHAYELITSHA DENIED EXTRA POLICING

(Notice of motion) †Mr P UYS: Mr Speaker, I give notice that I shall move:

That the House debates the irresponsible statement made by the City of Cape Town’s mayoral committee member, J P Smith, who claims that extra policing would not be provided for Khayelitsha hotspots because its residents do not pay rates.

[Notice of motion as given by member.] Mr P UYS: Mr Speaker, I give notice that I shall move: That the House debates the irresponsible statements made by J P Smith, a

member of the mayoral committee of the City of Cape Town, who has claimed that extra policing would not be provided for Khayelithsa hotspots because the residents of that area are not paying municipal rates.

[Notice of motion as printed on Order Paper.]

SYMPATHY FOR RAPE VICTIM FROM DARLING

(Notice of motion) †Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move:

That the House sympathises with the nine-year-old girl who was raped in Darling and questions the fact that the MEC of Community Safety, who lives in the constituency, has not yet met with the family of the child.

[Notice of motion as given by member.] Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move: That the House – (1) expresses its sincere sympathy with the nine-year-old girl who was raped

in Darling recently; and (2) questions the fact that the Minister of Community Safety, who lives in that

constituency, has not yet met with the family of the girl. [Notice of motion as printed on Order Paper.]

2930 TUESDAY, 23 NOVEMBER 2010

DEMOCRATIC ALLIANCE’S SILENCE ON FARM MURDERS

(Notice of motion)

†Mr P UYS: Mr Speaker, I give notice that I shall move:

That the House debates the DA’s deafening silence on the farm murder of singer/guitarist Lena Nuwegeld, her husband and a friend who were shot by Martinus Esterhuizen in 2009, because they refused to address him as “sir” or “baas”, as well as the farm murder of the 13-year old Elizabeth Martiens, whose body was later discovered in a disused water tank, and the sexual assault on two other aged sisters.

[Notice of motion as given by member.] Mr P UYS: Mr Speaker, I give notice that I shall move: That the House debates the deafening silence of the Democratic Alliance on – (1) the farm murder of folk singer and guitarist Lena Nuwegeld, her husband

and a farm worker friend who were shot by Marthinus Esterhuizen in 2009 because they refused to address him as “sir”; and

(2) the farm murder near Leeu Gamka in the Karoo on the thirteen-year-old

Elizabeth Martiens, whose body was discovered in a disused water tank a few months after the murder, and the sexual assault on two under-aged sisters.

[Notice of motion as printed on Order Paper.]

RAPID TRANSIT PROJECT HITS BRICK WALL

(Notice of motion) †Ms B G MBALO: Mr Speaker, I give notice that I shall move:

That the House debates the City of Cape Town’s Integrated Rapid Transit project, which, under the DA, has hit another brick wall on 4 November 2010, as politicians refused to rubber stamp a decision to transfer ownership of the more than 40 special buses to the bank.

[Notice of motion as given by member.] Ms B G MBALO: Mr Speaker, I give notice that I shall move: That the House debates the integrated rapid transit project of the City of Cape

Town under the Democratic Alliance, which hit another brick wall on 4 November 2010 as politicians refused to rubber-stamp a decision to transfer ownership of more than 40 special buses to a bank.

[Notice of motion as printed on Order Paper.]

TUESDAY, 23 NOVEMBER 2010 2931

UTTERANCES ON DEWANI MURDER BY MEC FOR COMMUNITY SAFETY

(Notice of motion)

†Mr PC MCKENZIE: Mr Speaker, I give notice that I shall move:

That the House debates the irreconcilable utterances by the MEC for community safety who discussed the Dewani murder with the provincial Commissioner and stated that arrests would follow, but today claims he never discussed the matter with the Commissioner.

[Notice of motion as given by member.] Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move: That the House debates the irreconcilable utterances by the Minister of

Community Safety in the Western Cape in that he first said that he had discussed the Diwani murder with the Provincial Commissioner of Police and that arrests would follow, but later claimed that he had never discussed the matter with the Commissioner.

[Notice of motion as printed on Order Paper.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: They were there together when he said that.

UKUNGAXOXWA KWEZIPHAKAMISO ZAMALUNGU ATHILE

(Isaziso sesiphakamiso) Mnu M NCEDANA: Somlomo, ndenza isaziso sesiphakamiso: Ukuba le Ndlu makhekhe sixoxe le nto yokuba ezethu iziphakamiso

zingaziswa apha ngaphambili ukuze zixoxwe yiNdlu. [Translation of isiXhosa paragraphs follows.]

NOT DEBATING MOTIONS OF CERTAIN MEMBERS

(Notice of motion) Mr M NCEDANA: Speaker, I give notice that I shall move: That the House discusses the fact that our motions are not considered so that

they can be debated in the House.] [Notice of motion as given by member.]

2932 TUESDAY, 23 NOVEMBER 2010 Mr M NCEDANA: Speaker, I give notice that I shall move:

That the House discusses the reasons why the motions moved by members of

the Congress of the People are never debated in this House. [Notice of motion as printed on Order Paper.] [Interjections.] †The SPEAKER: Thank you very much. I don’t think that is a point of order, hon Ncedana. [Interjections.] No, no. [Interjections.] Is that the actual motion? †Mr M NCEDANA: Yes.

LEGAL RIGHT OF PROVINCIAL GOVERNMENT TO REMOVE BLUE LIGHTS FROM POLICE ESCORTS

(Notice of motion)

†Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move:

That the House discusses the legal right of the provincial government to, in a showy way, remove blue emergency lights from government and police escort vehicles.

[Notice of motion as given by member.] Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move: That the House discusses the legal right of the provincial government of the

Western Cape to, in a showy way, remove blue emergency lights from government and police escort vehicles.

[Notice of motion as printed on Order Paper.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: On a point of order, Mr Speaker: So that I might know how I respond to this motion… †Mr P C MCKENZIE: You respond in a debate. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: … what constitutes a “showy way”? †Mr PC MCKENZIE: He responds in the debate. You know that’s a waste of time.

TUESDAY, 23 NOVEMBER 2010 2933

HOURS OF SITTING

(Motion)

†The CHIEF WHIP (DA): Mr Speaker, I move without notice:

That, notwithstanding the provisions of Rule 16, the hours of sitting on Thursday, 25 November 2010, shall be 12:00 to adjournment.

Agreed to:

LATE ANNI DEWANI

(Motion of condolence)

†Mr PC MCKENZIE: Mr Speaker, I move without notice:

That the House commends SAPS for its rapid work to unravel the murder of a tourist, Anni Dewani, condemns her violent killing and commiserates with her family and friends.

[Motion as moved by member.] Mr P C MCKENZIE: Mr Speaker, I move without notice: That the House – (1) commends the police for their rapid work to unravel the murder in

Gugulethu of the tourist Anni Dewani on Saturday, 13 November 2010; (2) condemns this violent killing; and (3) commiserates with her family and friends. [Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO AMAHLE JONGILE

(Motion)

†Ms J L HARTNICK: Mr Speaker, I move without notice:

That the House congratulates Amahle Jongile, a Grade 11 pupil from the Cape Academy of Mathematics, Science and Technology, who will join pupils from several African countries in a project aimed at developing their leadership skills in Denver, Colorado and Washington DC, as part of a Build Leaders project.

[Motion as moved by member.]

2934 TUESDAY, 23 NOVEMBER 2010 Ms J L HARTNICK: Mr Speaker, I move without notice:

That the House – (1) congratulates Amahle Jongile, a Grade 11 pupil from the Cape Academy

of Mathematics, Science and Technology in Constantia, who will join pupils from several African countries in a project aimed at developing their leadership skills; and

(2) notes that this project will take place in Denver, Colorado, and Washington

DC as part of a Bold Leaders Project. [Motion as printed in Minutes.] Agreed to:

VICTIM OF HUMAN TRAFFICKING SAVED

(Motion) *Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice:

That the House acknowledges and extends its gratitude towards the Department of Social Development, in particular André Lewak and the non-governmental organisation Saartjie Baartman, for their prompt and effective action to help the young girl who was a victim of human trafficking and eventually returned her safely to her home in Gauteng.

[Motion as moved by member.] Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice: That the House gives recognition and expresses its gratitude to the

Department of Social Development in the Western Cape and specifically to André Lewak and the NGO the Saartjie Baartman Centre for Women and Children, a one-stop centre for abused women and children, for the quick and effective action taken by them to come to the aid and rescue of a young girl who was the victim of human trafficking and to take her home safely to where she lives in Gauteng.

[Motion as printed in Minutes.] Agreed to.

TUESDAY, 23 NOVEMBER 2010 2935

WELL WISHES FOR TONY EHRENREICH

(Motion)

†Mr P UYS: Mr Speaker, I move without notice:

That the House wishes the Secretary-General of Cosatu in the Western Cape, Mr Tony Ehrenreich, a speedy recovery during a time of illness.

[Motion as moved by member.] Mr P UYS: Mr Speaker, I move without notice: That the House wishes the Provincial Secretary of Cosatu in the Western

Cape, Mr Tony Ehrenreich, a speedy recovery during a time of illness. [Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO CHARL NIEUWOUDT, DEON ALBERTSAND EGNALL BROWN

(Motion)

*Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice:

That the House congratulates Mr Charl Nieuwoudt of Malmesbury, Mr Deon Alberts of the Overberg and Mr Egnall Brown of Somerset West who were named the winners of the Centrum Guardian Awards for Emergency Workers after they rescued three people from a river in flood.

[Motion as moved by member.] Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice: That the House – (1) congratulates Messrs Charl Nieuwoudt from Malmesbury, Deon Alberts

from the Overberg and Egnall Brown from Somerset West, all three of whom are metro water rescue technicians, who have been nominated as the national winners of the Centrum Guardian Awards for emergency service workers; and

(2) notes that they have received these awards because they rescued three

people from the Breede River, which was in flood near Bonnievale, on 15 June 2009, when their vehicle was washed off a bridge at Drew by the raging river.

[Motion as printed in Minutes.] Agreed to.

2936 TUESDAY, 23 NOVEMBER 2010

CONGRATULATIONS TO JACQUES KALLIS

(Motion) *Ms C F BEERWINKEL: Mr Speaker, I move without notice:

That the House, South Africa congratulates the Western Cape’s versatile cricketer, Jacques Kallis, on his achievement as the sixth international player to break through the barrier of 11 000 runs in his three-hundred and seventieth one-day match during a decisive match in Dubai, where he also kept the South African team in the game.

[Motion as moved by member.] Ms C F BEERWINKEL: Mr Speaker, I move without notice: That the House – (1) congratulates Jacques Kallis, the South African all round cricketer from the

Western Cape, on the exceptional milestone reached by him in becoming only the sixth international player to score more than 11 000 runs in limited overs international cricket; and

(2) notes that he reached this achievement when he scored 83 runs earlier

this month in his 307th one-day international game in a deciding match against Pakistan in Dubai.

[Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO OVERBERG MUNICIPAL COUNCIL

(Motion)

†Mr P UYS: Mr Speaker, I move without notice:

That the House welcomes and congratulates the Overberg District Municipal Council on their reinstatement as well as Mayor Eve Martinuson her and her team’s election.

[Motion as moved by member.] Mr P UYS: Mr Speaker, I move without notice: That the House welcomes the reinstatement of the Overberg District

Municipality, as well as the election of Mayor Eve Marthinus and her team in that municipality, and congratulates them on their reinstatement and election.

[Motion as printed on Order Paper.]

TUESDAY, 23 NOVEMBER 2010 2937 †The SPEAKER: Is there any objection to the motion being moved without notice? [Objection.] There is an objection. The motion will be therefore be printed on the Order Paper.

SALUTATION TO RAY ALEXANDER SIMON

(Motion)

†Ms M TINGWE: Mr Speaker, I move without notice:

That the House salutes the founder of the Food and Allied Workers Union and union stalwart, Ray Alexander Simon, who was honoured in memory of her dedicated role in organising workers since the age of 15.

[Motion as moved by member.] Ms M TINGWE: Mr Speaker, I move without notice: That the House salutes the founder of the Food and Allied Workers Union

(FAWU) and union stalwart, Ray Alexander-Simons, who was recently honoured in memory of her dedicated role, since the age of 15, in organising workers.

[Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO SA GOVERNMENT

(Motion)

†Mr P UYS: Mr Speaker, I move without notice:

That the House congratulates the South African government with the latest Standard and Poors credit rating for South Africa, which has been adjusted to positive after 2008 when a negative rating was forecasted, in particular the National Treasury for cutting back the budget, which in turn offset the impact of the global recession.

[Motion as moved by member.] Mr P UYS: Mr Speaker, I move without notice: That the House – (1) congratulates the South African government on the latest Standard and

Poors credit rating for South Africa, which has been adjusted to positive after the 2008 forecast when there was a negative outlook on the creditworthiness of the Republic; and

(2) in particular congratulates the National Treasury for cutting back the

budget, which has in turn offset the negative impact of the global recession on South Africa.

[Motion as printed in Minutes.] Agreed to.

2938 TUESDAY, 23 NOVEMBER 2010

CONGRATULATIONS TO AARON MOKOENA

(Motion)

†Ms V HANI: Mr Speaker, I move without notice: That the House congratulates Bafana Bafana Captain, Aaron Mokoena, on being honoured by the City of London. It attests to Mokoena’s role and service to football and charitable organisations, which he conducts under the Aaron Mokoena Foundation, both in South African and in England.

[Motion as moved by member.] Ms V HANI: Mr Speaker, I move without notice: That the House – (1) congratulates Bafana Bafana captain Aaron Mokoena on being honoured

by the City of London by being nominated to receive the Freedom of the City of London; and

(2) believes that the honour bestowed on Mokoena attests to his role and

service to football and charitable organisations, which he conducts under the Aaron Mokoena Foundation both in South Africa and in England.

[Motion as printed in Minutes.] Agreed to.

LATE MAMMA BERTHA GXOWA

(Motion of condolence)

†Ms B G MBALO: Mr Speaker, I move without notice:

That the House extends its condolences to the family of the ANC veteran, Mamma Bertha Gxowa, who died in Johannesburg on 19 November 2010. “Ma Bertha” died at the age of 76 years from complications after an operation in Johannesburg. She endured hardship at the hands of the apartheid regime, which included house arrest, detention and imprisonment because of her strong convictions and belief in the freedom of her people. May her soul rest in peace.

[Motion as moved by member.] Ms B G MBALO: Mr Speaker, I move without notice: That the House – (1) extends its condolences to the family of African National Congress veteran

Bertha Gxowa, who died in Johannesburg on 19 November 2010; and

TUESDAY, 23 NOVEMBER 2010 2939 (2) notes that –

(a) “Ma Bertha” died at the age of 76, following complications after an operation in Johannesburg; and

(b) she had endured hardship at the hands of the apartheid regime, which

included house arrests, detentions and imprisonment because of her strong convictions and beliefs in the freedom of her people.

[Motion as printed in Minutes.] Agreed to.

SALUTATION TO PHELOKAZI NOOLELE

(Motion)

†Ms C F BEERWINKEL: Mr Speaker, I hereby move without notice:

That the House salutes South Africa’s youngest matric learner, Phelokazi Nolele, who started school in Grade R at the age of two with her sister and stayed in Cape Town until last year when she moved to Soweto. Phelokazi is commended for not failing one single grade.

[Motion as moved by member. ] Ms C F BEERWINKEL: Mr Speaker, I hereby move without notice: That the House – (1) salutes South Africa’s youngest matric learner, Phelokazi Nolele, who

started school in Grade R at the age of two with her sister and stayed in Cape Town until last year, when she moved to Soweto; and

(2) commends Phelokazi for not failing a grade. [Motion as printed in Minutes.] Agreed to.

LATE HOTEP IDRIS GALETA

(Motion of condolence)

†Ms V HANI: Mr Speaker, I move without notice:

That the House extends its condolences to the family of Cape Town born jazz legend, HotepIdris Galeta, who suddenly died following an asthma attack on 3 November 2010. The 69-year old musician is honoured for his career spanning from his first piano lesson at the age of seven and was dubbed “a legend” and “a real player on the keys”.

[Motion as moved by member.]

2940 TUESDAY, 23 NOVEMBER 2010 Ms V HANI: Mr Speaker, I move without notice: That the House – (1) extends its condolences to the family of the jazz legend, HotepIdris

Galeta, who was born in Cape Town and who suddenly died following an asthma attack on 3 November 2010; and

(2) notes that the 69-year-old musician is honoured for his career spanning

from his first piano lesson at the age of seven and that he was dubbed a “legend” and “real player on keys”.

[Motion as printed in Minutes.] Agreed to.

THREE LIFE SENTENCES FOR FARM MURDERER

(Motion)

†Ms E PRINS: Mr Speaker, I move without notice:

That the House welcomes and commends the High Court’s three life sentences passed in the Beaufort West Circuit Division on the 44-year-old cold-blooded murderer, Martinus Esterhuizen, for killing on 5 December 2009, with a hunting firearm, the 85-year-old Karoo singer and self-taught guitarist, Lena Nuwegeld, her husband Hendrick September and their friend, Mannetjies John, on a farm in the Karoo.

[Motion as moved by member.] Ms E PRINS: Mr Speaker, I move without notice: That the House – (1) welcomes and commends the three life-term sentences passed in the

Beaufort West Circuit Court on the 44-year-old murderer Marthinus Esterhuizen; and

(2) notes that he was sentenced by the Western Cape High Court for the cold-blooded killing on 5 December 2009 with a hunting firearm of the 85-year-old Karoo singer and self-taught guitarist Lena Nuwegeld, her husband Hendrik September and their friend Mannetjie John on a farm in the Karoo.

[Motion as printed in Minutes.] Agreed to.

TUESDAY, 23 NOVEMBER 2010 2941

UKUBETHWA KWEPIRATES YIKAIZER CHIEFS

(Isiphakamiso) Mnu M NCEDANA: Somlomo, ndiphakamisa ndingenzanga saziso: Ukuba leNdlu ivuyisane naMakhosi oxolo ngokuthi ayibhuqe iPirates kulomdlalo udlulileyo. [Translation of isiXhosa paragraphs follows.]

[DEFEAT OF PIRATES BYKAIZER CHIEFS]

(Motion) Mr M NCEDANA: Speaker, I move without notice:

That the House congratulates Kaizer Chiefs on defeating Pirates in their last game.]

[Motion as moved by member.] Mr M NCEDANA: Mr Speaker, I move without notice: That the House congratulates Kaizer Chiefs on playing well and winning the

Soweto Derby against Orlando Pirates on 13 November 2010 and thereby becoming the champion of Soweto.

[Motion as printed in Minutes.] Agreed to. †The SPEAKER: Members, I would just like to urge you, when these motions are announced in the House, if you can assist the administration with contact numbers or addresses so that we can make contact and then also forward the correspondence from our side to these people or institutions, please.

WESTERN CAPE LOCAL GOVERNMENT LAWS RATIONALISATION BILL[B2B—2010]

(Consideration and Finalisation)

†The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Speaker, in introducing the Western Cape Local Government Laws Rationalisation Bill 2010 to the House, I will provide a brief overview on the Bill and the process undertaken thus far. The purpose of the Bill is to repeal redundant provincial legislation pertaining to local government. The Provincial Statute Book contains the pro forma of pieces of pre-1994 legislation that were assigned to the province, but which have been superseded by legislation adopted since 1994. The Department of the Premier has embarked on a process to rationalise the Statute Book by way of a legislative review project.

2942 TUESDAY, 23 NOVEMBER 2010 As part of the project a study was conducted to determine which pieces of provincial legislation pertaining to local government are in conflict with the Constitution of the Republic of South Africa, 1996, or have been superseded by the Constitution and the suite of new dispensation local government legislation arising from it. Under Clause 1, most of the laws listed in the schedule are to be repealed in their entirety. Some provisions are being retained since the matters regulated by them are not covered or adequately dealt with by new dispensation national or provincial legislation. Provision is being made for the continued application of bylaws made in terms of the repealed provisions. Included in the list of pieces of legislation that are to be partially repealed is the Municipal Ordinance 1994, Ordinance 20 of 1974, herewith referred to as the Ordinance and the Divisional Council Ordinance 1996, Ordinance 18 of 1996. Mr Speaker, I must just point out to the House that the provisions of the Divisional Council’s Ordinance 1976 matched the provisions of the Municipal Ordinance 1994 word-for-word, except for Section 183 of the Divisional Council Ordinance 1976, which deals with out spans, hence my reference to the Municipal Ordinance only. This is the process that was followed, Mr Speaker. The Bill was first considered by the Standing Committee on Governance on 1 September 2010. The Bill was next considered by the standing committee on 20October 2010, where an in-depth discussion was held as to the relevance of the retained section of the Ordinance in the current dispensation. The final hearing by the standing committee took place on 9 November 2010, when the Bill was finally adopted by the standing committee. *Mr I E JENNER: Mr. Speaker, this Bill laid on the table today is directional and of cardinal importance. This Bill will bring about alignment and synergy between the various levels of government, especially at the local district and metro levels. After amalgamation, the various town councils had diverse policies, laws and ordinances that influenced and regulated planning and development, as well as service delivery in general. Some municipalities did the rationalisation immediately and it improved the functionality of local government significantly and extensively. I would also like to request that the Minister ensures that this process is passed on up to the municipal level to ensure that the entire local government sphere understands the reason for this Bill. This rationalisation will also adequately address the issue of land use planning and zoning in order to remedy the race-based planning and development of the past. Implementation in the previous Act 9, or DMA, areas will always remain a challenge in the establishment of a town, which is why it must be approached with great caution. The ID understands that this is a complex area and matter and supports this Bill. *Mr P UYS: Mr. Speaker, the Bill before us is very important. It has been under discussion for quite some time, I know, in the department and also with local government and it emphasises in particular the Bill that applied before 1994, which for various reasons became outdated or obsolete.

TUESDAY, 23 NOVEMBER 2010 2943 We also know that in the mean time, since 1994, it has been replaced by various other Bills, including the Municipal Structures and Systems Bill, the Municipal Finance Bill, the Property Valuation and Tax Bill, as well as the Municipal Elections Bill. It was therefore necessary to look to older Bills which are no longer relevant or appropriate. I have to thank the department’s staff for the thorough research they carried out. They were called back to the standing committee on several occasions to explain further, and we thank Mr Zeeman and his team. There are of course some challenges related to this Bill and also with the increased responsibility placed on the department, first with regard to by-laws. This is precisely the reason why this Bill remains preserved: to protect certain laws that are in place so that they may still have legal effect. Secondly, it is also to fill certain existing omissions related to laws that have been promulgated. At the same time, it places responsibility on the Minister. And I hope they can give the committee the framework within which those remaining portions of the Divisional Council Bill, as well as Ordinance 20 of 1947, can be annulled entirely so that municipalities can have their by-laws in place themselves. †I think it’s a major challenge to put standing bylaws in place, so local authorities can use. them I would also like to thank Salga and the positive role they played as well as all the local authorities that participated. I think there was very good interactions within the standing committee itself. The ANC wishes to support this legislation. Mnu M NCEDANA: Enkosi kakhulu, Somlomo. Masiqale ngokuthi siyayixhasa le nkqubo ithe yabekwa apha. Into ebaluleke kakhulu kwiCope kukuthi le mithetho njengoba isenziwa nje sengathi ingaqiniswa kuqinisekiswe into yokuba iye iguqulelwe esiXhoseni ekubeni into yokubana abantu bayazi aba yenzelwe bona ngoba ndinenkolelo yokubana ayenzelwa ngathi na apha ngaphakathi njekuphela. Kodwa ke imibutho ethathe inxaxheba pha ngaphakathi nathi siyi Cope sifunde lukhulu ukusuka kulamithetho kwakuthwa ngu-Ordinance 20 ka-1974 ukuzangeneno. Into entle ke yinto yokuba kuyabonakala idemokrasi iqhubela phamabili nangona icotha kodwa ngokuqinisekileyo. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: Thank you very much, Speaker. First of all, we would like to say that we welcome this programme. What is very important for Cope is that these laws should be strict, and not only that, it should be translated into isiXhosa so that even the man on the street knows about them because I believe that they are not meant only for us here. But as one of the parties which participated, Cope wishes to say that we have learnt a lot from the legislations like Ordinance 20 of 1974 and after. What is good is that it is clear that democracy is moving forward steady but surely.] *Mr J J VISSER: Mr Speaker, as you heard, the members who spoke were all very strongly in favour of this Bill. I want to tell you that I feel very satisfied that the standing committee worked really hard and did their job very well. I want to thank the members of the standing committee for this and I will recommend that the House follows the recommendations of the standing committee and this Bill.

2944 TUESDAY, 23 NOVEMBER 2010 *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Speaker, thank you very much to the members of the standing committee for the hard work they put into it. Just quickly, so that we can get an idea of how much work they put into it: this process has been developing over the past 12 years and has now come to conclusion, so – many thanks to the Chairperson and his committee. Thank you very much also to the members of my department who worked very hard, as well as all the institutions that supported them. I want to assure you, we realise the responsibility involved in writing the by-laws etc. I would not like to attach a time frame to it, because it is very difficult to stay within it, but we realise that there are certain by-laws that would arise from this and I thank you for your support. Debate concluded. Bill finalised. Bill to be sent to the Premier for assent.

WESTERN CAPE DISTRICT HEALTH COUNCILS BILL [B6B—2010]

(Consideration and Finalisation) †The MINISTER OF HEALTH: Mr Speaker, in terms of the Health Act, Act 61 of 2003, section 31. “The Establishment of district health councils”:

The relevant member of the Executive Council … must establish a district health council for every health district in his or her province.

It outlines the composition of a district health council and it outlines the function that the council must perform. It must—

(a) promote co-operative governance; (b) ensure co-ordination of planning, budgeting, provisioning and

monitoring of all health services that affect residents in the health districts for which the council was established; and

(c) advise the relevant members of the Executive Council, through the Provincial Health Councils, and the municipal council of the relevant metropolitan or district municipality, on any matter regarding health or health services in the health district for which the council was established.

Therefore this Bill emanates from that source. *Mr I E JENNER: Mr. Speaker, the ID welcomes and supports the Bill. The establishment of this Bill is a necessity, so that the community can give input on the regulation and delivery of this essential service. However, I want to urge that the timeframes as set out in the law should be adhered to. We must also guard against these structures being politically hijacked and yes-men being appointed.

TUESDAY, 23 NOVEMBER 2010 2945 I also want to express the hope that the Minister will establish properly representative structures that would reflect the demographics and which satisfy the requirements of expertise and integrity, but which will address the challenges effectively. I also want to request from the Minister that there will be proper induction of the members of these councils, so that there are no misunderstandings and unnecessary overlapping and that the members of the councils would understand their role in the promotion of co-operative governance as the main objective of this structure. †Mr M NCEDANA: Mr Speaker, Cope welcomes the introduction of this new Bill. We wish to state that it is important to move beyond establishing district health councils to, in fact, making sure that health services are improved at all the hospitals, so that those who cannot afford to go to private hospitals will enjoy equal services at public hospitals. However, we support this bill. †Ms J WITBOOI: Mr Speaker, this Bill gives effect to section 31 of the National Health Act of 2003, to provide for the establishment of district health councils and for matters connected thereto. Mr Speaker, clause (2) deals with the composition of the district health council and it is important to note that a member of each local municipality must serve on the council. Local government is a sphere of government closer to the people on the ground and it is there that the issues that affects the health of communities can be brought to the attention of the council and consequently be dealt with in district health councils. The function of the district health council is dealt with in clause (6). Very important is point (d) of that clause which stipulates that a district health council must ensure that appropriate and comprehensive information is disseminated to the local communities on the health services in the health district. *Mr Speaker, the importance and benefit of this clause for ordinary people is that through the regulation of this clause it can be assured that even illiterate people should be informed of health issues in the language of his or her choice.It is at the district health council where members of a community can complain if cases arise where patients and doctors do not understand each other. †Mr Speaker, very important is clause (10), which deals with the district health plans. The manager must develop a plan in accordance with section 33 of the national Act. The district health plan must set out a detailed budget and performance targets for health services in the health district. It must also set out a communication plan for the dissemination of information and reporting to local communities on health issues. I’m sure that this plan will be of assistance to the department that compiled the annual reports and will help them make sure that issues such as performance targets are a true reflection of what happens in communities and are not questionable, as was the case in more than one department this year.

2946 TUESDAY, 23 NOVEMBER 2010 Mr Speaker, nevertheless the ANC supports the Bill. After all, it is a Bill from national Parliament. *Ms A J DU TOIT MARAIS: Mr. Speaker, with this Bill it can be asked whether it benefits health care for the people or whether it is just another form of bureaucratic red tape? The main objective, as we have this afternoon heard from the Western Cape Bill on District Health Councils, is to decree legislation as intended in Section 31 of the National Health Act 2003 in order to thereby establish various district health councils and order their functioning. Comprehensive service delivery is only effective if there are creative and active local systems at the actual point of service delivery. The Bill will help to ensure that individual institutes are heard and that their needs are acknowledged. District Councils will ultimately serve as a means for consumers and providers of health services to work together in order to address local problems through good communication solutions. Many thanks to the standing committee members, the legal department, the Department of Health, the translation services and the interpreters, as well as the committee coordinators who put in extra hours so that the Bill can be brought before the House today. We support the Bill. †The MINISTER OF HEALTH: Mr Speaker, thank you very much for all the support in terms of section 31(6): The MECs must ensure that each health district and sub district is effectively managed, and I think this Bill will give MECs all the powers and authority to do that. Thank you, Mr Speaker. Debate concluded. Bill finalised. Bill to be sent to the Premier for assent.

OUTCOMES OF 2009-10 ANNUAL REPORTS

(Subject for discussion) †The CHIEF WHIP (ANC): Mr Speaker, I want to move that the House postpones the discussion of the 2009-10 Annual Report, in the light of 38 pages of the ATC not being circulated in time or received on time. †The SPEAKER: Order! Hon Chief Whip of the Opposition, may we just hear the Chief Whip of the DA. *The CHIEF WHIP (DA):The hon Chief Whip is out of order. If he wanted to put a motion forward, he should have done so when it was time for motions, or he should wait for an opportunity to speak. *The CHIEF WHIP (ANC):It was not a motion.[Interjections.] *The CHIEF WHIP (DA):But he wants to move something. †The SPEAKER: Hon Chief Whip of the Opposition, what is the point of order you want to address the House on?

TUESDAY, 23 NOVEMBER 2010 2947 †The CHIEF WHIP (ANC): I didn’t say “point of order”. I said “a motion without notice”. *The CHIEF WHIP (DA):Well, exactly. †The CHIEF WHIP (ANC): It is exactly the same motion as the hon member moved earlier with the debate at 12:00. I’m doing it in terms of section 121 of our Rules … *The CHIEF WHIP (DA):We are done with motions. †The CHIEF WHIP (ANC): ... where you can move it and, of course, there can be the decision on that. [Interjections.] May I continue, Mr Speaker? †The SPEAKER: No, it’s okay. Hon Chief Whip, just on the Rule that you referred to, because there is a section on the Order Paper that deals with motions with notice and motions without notice ... †The CHIEF WHIP (ANC): May I address you on this, Mr Speaker? Section 121 of the rules:

Every motion requires notice except a motion ... (c) for the postponement or discharge of an order of the day.

May I put my motion please, Mr Speaker? †The SPEAKER: Just a moment. [Interjections.] Order, members! Thank you very much, hon Chief Whip of the Opposition, you may proceed.

POSTPONEMENT OF DISCUSSION OF 2009-10 ANNUAL REPORT

(Motion)

†The CHIEF WHIP (ANC): Mr Speaker, I hereby move without notice:

That the House postpones the discussion of the 2009-10 Annual Report in the light of 38 pages of the ATC report not being received in time for members to properly prepare themselves and that the time allocated for this debate being insufficient and that the Programming Authority discusses a new time slot for this debate.

Mr Speaker, we only received it after I enquired via electronic means after 11:00. There was no way that we could study 38 pages, see whether the findings are correct and have the time for members to prepare themselves. Mr Speaker, it was not 14 members participating in all 13 and seven entities; we had to divide up our members to study it and then to engage with it, hence the motion for postponement of the debate. †The SPEAKER: Hon members, the hon Chief Whip of the Opposition put the motion ... †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, just to understand this, because I don’t: What exactly is it that was missing that does not enable the Opposition to discuss the ... †Mr M OZINSKY: The committee report. Sit down now.

2948 TUESDAY, 23 NOVEMBER 2010 †The MINISTER OF TRANSPORT AND PUBLIC WORKS: ... the committee report that does not permit them, now, to debate it. [Interjections.] †The SPEAKER: Thank you very much. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Sorry, can I finish my question and you can gabble a bit later?[Interjections.] †The SPEAKER: Hon Ozinsky! †The MINISTER OF TRANSPORT AND PUBLIC WORKS: What does not permit them to debate the 2009-10 report now? †The SPEAKER: Thank you. My understanding is that the reports that are normally tabled in the ATC were tabled late, according to the motion as put by the hon Chief Whip of the ANC. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Sorry, what was tabled late, Mr Speaker? [Interjections.]Shush! †The SPEAKER: The reports that are normally compiled and then tabled in Parliament. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I beg your pardon, sir; all the Annual Reports were tabled on time in the House, and that was months ago. †Mr M OZINSKY: Not the standing committee’s report. [Interjections.] *The MINISTER OF HEALTH: What do you want to do with the committee report? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: This is not about committee reports; it’s about the annual reports. There’s no mention of committee reports. [Interjections.] †The SPEAKER: Hon Minister, thank you very much. I think it’s a committee report on the annual reports that is normally submitted to Parliament. There’s a motion put before the House. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: It’s their own motion. †The CHIEF WHIP (ANC): Mr Speaker, can I answer the question posed by the hon Minister? †The SPEAKER: Would you like to give clarity to that? †The CHIEF WHIP (ANC): Yes, please. The Minister is creating the impression that it can just be the standing committee reports. No, it must be ATC-ed first, then it’s a formal report that comes to the House. And that formal report was not received in time for us to engage with it and to prepare properly to debate it today. †The SPEAKER: Hon Minister Winde, would you like to address the Chair on the matter?

TUESDAY, 23 NOVEMBER 2010 2949 †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I’m just having a look at the Order Paper and it says “The outcomes of the 2009-2010 Annual Reports”. †Mr P UYS: Correct. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: It doesn’t say the outcome of the committee report on the Annual Report. †Mr M OZINSKY: That’s because the Chief Whip can’t write motions. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I know he can’t, but I can’t help it, it’s your motion. [Interjections.] †Mr M OZINSKY: It’s your motion. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Get on with it. †The SPEAKER: Order, members! We have a motion and the motion is in terms of Rule 121 subsection (c): To either postpone or discharge the Order of the Day or give precedence to it. I therefore have to put the motion. Is there any objection to the motion? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Yes. *Mr P C MCKENZIE: You are so clever. †The SPEAKER: If there is objection to the motion we will have to put it to the vote. [Interjections.] All hon members who are in favour of the Order of the Day being postponed could you please indicate so by saying aye. All those who are not in favour of the Order of the Day being postponed all say nay. The nays have the majority. We will proceed then with the order of the day. †The CHIEF WHIP (ANC): Mr Speaker, I believe there was insufficient opportunity to prepare for and discuss this very important one. It’s wrong to say there’s no ATC necessary. If this is the way to close down democracy and the space to discuss it properly, we can’t participate in that, Mr Speaker. †The SPEAKER: Thank you, members. The ANC has registered its opposition to the matter and its concern. Thank you very much. [Interjections.] Order, members! We will now resume the proceedings. We proceed with the subject for discussion. Having indicated that they would not be taking part in the subject for discussion, the ANC left the Chamber.

OUTCOMES OF 2009-10 ANNUAL REPORTS (Subject for discussion) †The MINISTER OF CULTURAL AFFAIRS AND SPORT: Mr Speaker, it really is a pity that the losing party in the election is not in the House, because I wanted to address them. However, I will address them through the television because they’re watching outside, where they belong. Mr Speaker, 2009 was not about winning the election for the DA in the province, it was about bringing real change to the people of the Western Cape.

2950 TUESDAY, 23 NOVEMBER 2010 To the hon members in the House and to those who are watching television, especially Mr Skwatsha, I want to say change has indeed arrived in the Western Cape. Hon Skwatsha, where you’re watching the television, and– what is the Nat’s name? – hon McKenzie, unlike President Zuma did, the change that we brought to the Western Cape was not symbolic, it was substantive. Firstly, we had to restore the integrity of the government in the Western Cape. Secondly, we developed a policy platform to launch the open opportunity society, which, by the way, is in the preamble of the Constitution, something which hon Max Ozinsky denies. From health to education, to housing, to transport, to sport to culture, the centre of the policy is to create opportunities, to emphasise personal responsibility, Mr Speaker, and be a safety net for those who are vulnerable, poor and those in need of help. Poor people do have dignity and self-respect and generally don’t want to be abused by a closed patronage society. Yes, hon Skwatsha, I’m speaking to you now while you’re watching on television. [Laughter.] The ANC medicine for poor people is an electric blanket where you relax the whole month, only waking up once a month to collect your All Pay. In this way the poor are trapped in the hands of the ANC with little room to move out. Yes, hon McKenzie, the DA on the other hand present the poor with a trampoline approach to jump out of poverty and to grab hold of the opportunities that the DA is creating. This we do in the housing, education, sports and transport, economic development and many other portfolios. The hon members who walked out of the House, it is sad to read on a daily basis how opportunities are only created for the new ANC elite. Almost every ANC Minister has his or her hands on the mining rights. Mr Speaker, I’m asking my Cabinet colleagues to condemn any member of this Cabinet who is involved in the mining industry. As members serving on this Cabinet, we are committed to not being involved in the mining industry in any way. Hon members, almost every member of the ANC Cabinet has his or her hands on mining rights. Instead of keeping hospitals functioning in the Free State, the Premier of the Free State bought 11 S-Class 600 Mercedes Benzes at a price of R1 million each, a total of R11 million for the Cabinet in the Free State. Hon members, the Public Service Commission has just reported that only 65% of the HODs, nationally, have submitted their performance agreements to the Public Service Commission. Mr Speaker, a shocking finding was that the Limpopo province chose to disregard the mandatory Performance Management Development System. Another shocking finding of the Public Service Commission was that at the end of March 2010, only 51% of the HODs were subjected to performance evaluation. Hon members, what does this mean in relation to the budget? It means that R500 billion of the national Government’s budget was spent by accounting officers who were not subjected to performance evaluation.

TUESDAY, 23 NOVEMBER 2010 2951 On the contrary, Mr Speaker, the Public Service Commission reports that the Western Cape under the DA government has a high compliance with regard to the evaluation of HODs. Of the 45 municipalities in the Eastern Cape only seven received an unqualified audit. Of the 23 municipalities in the Free State only two received an unqualified audit – this is where they bought R11 million worth of Mercedes Benzes. However, Mr Speaker, in the same year under review, the Western Cape had 30 municipalities of which 23 received unqualified audit reports. Mr Speaker, the DA has indeed succeeded, in one year, to lay the foundation of a new political morality. Firstly, we drafted legislation to prevent officials from doing business in government. This legislation only exists in the Western Cape. We also drafted legislation to improve the quality of education in the Western Cape. We drafted legislation to regulate the liquor industry. We drafted the Western Cape substance abuse strategy and received compliments from the Central Drug Authority for doing so. We clamped down on corruption in local government, we are introducing measures to outlaw the blue-light bullies on the roads and we rejected the use of the Blue Train by Ministers of this Cabinet. All over the country, Ministers are using the Blue Train, except for those in this Cabinet. We have closed down political tools like the ANC STP advice offices and other forms of madness in government. We have implemented a rural development strategy focusing on rural poor people. The Department of Cultural Affairs and Sport also launched the Western Cape Sports Council, the first council to be accepted by Sascoc.– thank you, Sakkie. The Department of Cultural Affairs and Sport also spent 99.9% of its budget. Not a single department of Sports and Culture, in this country, has this expenditure record. The Department of Arts and Culture also presented a successful arts week in June 2009 in the Witzenberg area. In line with the philosophy, Mr Speaker, of open opportunities, the Department of Arts and Culture opened a new library in Gouda, brining opportunities to the rural people. Through its mass-participation programme, school sports held various coaching clinics in the Western Cape. Hon members, especially hon McKenzie, who’s watching on television, it is clear that where the DA governs people experience a difference, and where the ANC governs the political elite experience a difference in their bank accounts. Almost every single ANC Minister has a hand in the mining industry. Mr Speaker, this is the front page of the City Press this week, “ANC mines-grab”. You will know that the ANC is struggling to keep their hands off the mining industry and there are members on that side of the House who have their hands in the uranium mine in Beaufort West. Mr Speaker, I conclude. Where the DA governs, hon McKenzie, who’s watching live on television, people get better service. Hon McKenzie, where you’re watching, where the DA governs, we eliminate corruption. Hon Swatsha, where you’re watching live on television, public representatives serve the people.

2952 TUESDAY, 23 NOVEMBER 2010 Where the DA governs politicians don’t travel on the gravy train or the Blue Train and officials don’t do business with the government departments where they are employed. Hon McKenzie, where you’re watching, in the DA we have a policy of accountability and responsibility and we don’t walk away from our responsibility in the House. I thank you, Mr Speaker. †Ms T N BEVU: Mr Speaker, I must register our dissatisfaction at not getting the ATC in time, but even so, we are going to participate. When the DA took over the government of the Western Cape about two years ago, there was a lot of optimism and hope that things would get done at last. Have those sentiments been fulfilled? Well, I think the answer depends on who you’re asking. The departmental end of the year reports, though slightly improved, have almost all been weak on internal control systems. Worse still is the Western Cape Provincial Parliament that has been holding back funds preventing members from properly conducting their constitutional mandated duties, only for us to find huge unspent amounts at the end of the year. This is unacceptable. Under-pending is actually just as bad as overspending, because you are holding back money, without justification, that could have been used effectively somewhere else. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: It’s not true. †Ms T N BEVU: The Department of Transport and Public Works, which was in a serious mess, seems to be slowly finding its way out of the woods. What I would have liked to have seen, though, included in their reports is the progress of the cases of fraud and misappropriation of funds that were referred to the SIU. Have criminal cases, etc, been opened yet? That I don’t know. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Yes. †Ms T N BEVU: The population of the Western Cape is estimated at more than 4,8 million. The youth make up 28,3% of the population. Unemployment in our province is estimated at 17,2%, with the youth representing over 80% of this total estimated figure. I would say that this means that we have a real problem. I don’t understand why no one sees that the service delivery protests are, in fact, connected to unemployment. The jobless growth of our economy is a thorn in our side. Seemingly the Department of Environmental Affairs and Development Planning itself is at sixes and sevens about it. In my opinion the LED is not effective enough. Cape Nature, to be honest, is hardly a beacon of gainful employment, self-employment and study opportunities for the youth that it promised to be when it started out. The school-twinning programme seems to be taking off painfully slowly, too, but we remain hopeful for its proposed project of national youth service. I don’t even know what happened to the idea of convincing big business to make Cape Town their preferred business capital and the capital of information and technology.

TUESDAY, 23 NOVEMBER 2010 2953 The education department has done well under the circumstances, even though it failed to really live up to its promises regarding giving extra help to schools most affected by the teachers’ strike. We’ve also learned from a recent court case that they have not been treating schools for children with disabilities and special needs with fairness. Community Safety gets my vote as far as effective, tangible actions go. The roadblocks and the name-and-shame campaign around drivers who drink and drive are just two of the areas that deserve kudos, but crime in the disadvantaged areas is still too high. The department must consolidate and intensify its co-operation with Community Policing Forums if they want to break the back of this scourge. The Department of Housing keeps changing its plans and reintroducing the same things by different names. First it was the Multi-housing Development Plan for 2009-14, but before that could be properly implemented we now have the current Five-Year Strategy Plan, 2010-11 and 2014-15. All these, however, do not seem to be getting to root of the housing problem. There is still, for instance, no credible lease process, hence the situation we see at Eerste River, where people occupy houses meant for others. The promised serviced sites for securing access to basic services are also not being provided at the anticipated speed. Also, there are budding problems relating to temporary sites, where people feel as if they’ve been dumped in barren camps. Perhaps the department needs to make these sites more humane and dignified. It became clear last year that the Premier had decided to move crucial programmes and services like human resources to her department. Our concern, then, in this centralisation of power was that she would be creating monstrous bureaucratic trappings for departments. Not only this, we feared that her department might not cope with the scope of the work. I’m afraid it seems as if our concerns were justified. Hardly any programmes from her department have taken off. Take the Commission for Gender Equality or the Chapter for Youth; what have they done in the past two years? †The MINISTER OF HUMAN SETTLEMENTS: Mr Speaker, let me start by paying tribute to the team of officials in my department for their outstanding work. Through their dedication and hard work during the 2009-10 financial year, we took the Western Cape Housing Development Fund opinion from a disclaimer in 2008-09 to a clean audit in 2009-10. I must also acknowledge the important role that the Standing Committee on Public Accounts played in turning the fund around. The committee made some excellent recommendations, all of which were implemented by the department and the result is there for all to see. These are good examples of the constructive role that parliamentary oversight can and does play in improving governance. Moving on to the department’s Annual Report, the department received an unqualified audit opinion from the Auditor-General. Despite significant strategic and organisational changes the Department broadly achieved its performance targets for 2009-10.

2954 TUESDAY, 23 NOVEMBER 2010 Mr Speaker, the Department of Human Settlements provided 16 566 houses and serviced nearly 12 400 sites. We also completed a number of research projects to support the development of integrated human settlements and initiated the Housing Demand Database Improvement Programme. This, Mr Speaker, addresses exactly what hon Bevualluded to, namely that when I came to the department the issue of the waiting list was a very serious issue that had never been addressed and that is why the department took a decision to implement a programme to improve the waiting list in all municipalities. This is due to be completed by the end of this financial year and will be continued with the Built Environment Support Programme, in partnership with the department of Environmental Affairs and Development Planning to support 28 municipalities in the development of their human settlement plans. Another highlight was the development of a provincial Rental Housing Strategy, as we know that a number of people do not qualify for a housing subsidy and there was a greater need for the Department to reintroduce the Provincial Rental Housing Strategy to accommodate those people. The financial year, however, Mr Speaker, was not without its challenges. While we increased the number of housing units we delivered over the previous year, which was 16 566 versus 15 717, we delivered nearly 2 000 fewer service sites. This resulted in under spending of about R84,9 million – about 5% of the entire budget. As we all know and reported several times in the House, Mr Speaker, this was largely as a result of the delayed implementation of three projects under the N2 Gateway project, which is Joe Slovo Phase 3 and Boys Town, as well as Happy Valley in the City. We have been engaging the standing committee to explain exactly what the delays around that were. I must add, Mr Speaker, that after a number of attempts we have managed to turn the corner and these projects are now moving smoothly. Delays can be avoided or reduced to improve the planning and the department is in the process of setting up a portfolio management unit and professional resource teams to better manage the aspect of planning and delivery within our control. As we all know, the Department of Human Settlements took a strategic direction and we have decided that we are going to use our budget to build more service sites and roll out top structures later. I must also add, however, that to those of us who understand, the implication of the strategic direction we are taking is that currently, because of the pieces of legislation we have, it takes a minimum of five years to deal with planning alone. The building of top structures takes a matter of months, but that is where the challenges are and implementing the strategy is a work in progress. A significant risk factor arises from the social dynamics within the communities where development occurs, because it will never be possible to help everyone at the same time. As we all know, the demand, when it comes to housing, will always exceed the supply. When you see service delivery protests in some areas and people complaining that we are not delivering enough houses, it’s because of that demand.

TUESDAY, 23 NOVEMBER 2010 2955 To make matters worse, some people exploit this tension to pursue their own agendas, disrupting service delivery to raise their own profiles or drive their own political agendas regardless of the negative impact on the people around them. A good example is the ANC Youth League whose leaders in Khayelitsha have promised to make the city ungovernable with nonstop protest actions. However, as the Premier said in an article in the Cape Times and Cape Argus today, it is beyond irony that services are destroyed in the name of service delivery protests. Making Cape Town ungovernable means disrupting service delivery and invading and vandalising houses, as we have witnessed over the last week in Mandela Park, Eerste River and TR Section, where people from this area barricaded roads. This means more resources must be used to complete those houses and less is available for new opportunities. Mr Speaker, let me address the point that was raised by hon Ncedana about TR Section. It is very important for the members of the House to come here with facts and an understanding of what is happening out there, rather than coming here and making political grandstanding statements. The irony about TR Section is that the people who are protesting against the lack of service delivery are the very same people who stand to benefit from the project where the contractor is on site as we speak. These people have been informed of the progress around the project that they are claiming to protest about. It is very important that the before we come here and make these statements we must understand exactly what is happening. Some of the comments that we are making about what is happening in TR Section are based on evidence, because when we went there to listen to their concerns, we were locked in small place and people started to sing ANC songs. It became very clear that there was another agenda and that the protests had nothing to do with service delivery. So, Mr Speaker, I want to correct what was said here this morning by hon Ncedana about the government not caring about people of TR Section, because the contractor is on site, as we speak, to build the houses for those people who are protesting. Let me close by making one thing clear: there are no outsiders benefiting from housing opportunities in the Western Cape. There are areas where people have been living in backyards for decades, but where there is no land available, for instance in Gugulethu. Now, I’m saying this because you’ve seen in Eerste River and in Mandela Park that people have been prevented from occupying their houses, because they are seen as people who are outsiders. We are not going to allow that, Mr Speaker, because these people are South Africans and they also have the right to a house, irrespective of where those houses are built. Thank you very much. †Mr I E JENNER: Mr Speaker, the 2009-10 annual reports have been … †The SPEAKER: Order, hon Jenner! Is there a point of order, hon Ncedana? †Mr M NCEDANA: It’s an explanation, Mr Speaker, it is allowed in the Rules, in the blue book of Rules.

2956 TUESDAY, 23 NOVEMBER 2010 †The SPEAKER: The point of order, sir? †Mr M NCEDANA: Mr Speaker, I did not say everybody… †The SPEAKER: No, no, a point of order, please ... †Mr M NCEDANA: The point of order is on self-explanation. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No. †Mr M NCEDANA: Can I go then? The point is that I said it can never be true that everybody in TR Section is a criminal. †The SPEAKER: Hon Ncedana, you can make a request to the Speaker and we could afford you an opportunity next week to address the issue of self explanation, but not on the same day. There has to be a request put to the Speaker. †Mr M NCEDANA: Can I please, Mr Speaker, explain myself in the next meeting? †The SPEAKER: Yes, you can just address the correspondence to the Speaker’s Office and we will respond to the request. Thank you very much. Hon Jenner, please continue. †Mr I E JENNER: The 2009-10 annual reports have indicated substantial improvements. The enhancement of performance management downscaling exercises and better monitoring processes have resulted in numerous successes despite the economic recession and increase in the cost of goods and services. The implementation of the modernisation programme has made departments more efficient, thus improving service delivery and advancing effective governance. These and many other departmental shifts have yielded quality outputs. With regard to health, the TB cure rate in the Western Cape increased to 79,4%, the highest in the country. The 2,47 million pre-packed prescriptions have eased the burden and waiting times at our local clinics. The Prevention of Mother-to-Child Transmission Programme has decreased transmission rates and the increase in salaries for health professionals helped retain skilled professionals. This was pivotal considering that 73% of people in the Western Cape depend on state health care. However, more funds, support staff and infrastructure are needed in order for medical services demands to be met. In local government the development of antifraud guidelines and the implementation of anticorruption strategies for municipalities will crack down on housing subsidy and housing projects fraud. The ID applauds the department for outdoing itself with regards to the building of houses. However, Mr Speaker, the implementation of the Housing Demand Database reveals that a lot more needs to be done. We appeal to the department to partner with more private companies to provide housing developments for the people who do qualify for RDP houses. The socioeconomic circumstances of our people have improved through the implementation of 369 community, nutrition and social development centres.

TUESDAY, 23 NOVEMBER 2010 2957 However, the integrated service delivery model needs to be fast-tracked in order to improve greater communication with NPOs and NGOs. This will enable the department to properly monitor how funding is utilised within these organisations. The challenges regarding staff retention, recruitment of skilled individuals, the increase in vacancy rates and the capacity within departments poses a great threat to ensuring that departments obtain their objectives. There’s also a need for greater accuracy and detail with regard to reporting performance, targets and programmes and measuring the impact of all of these components. †The MINISTER OF HEALTH: Mr Speaker, it is a privilege to take part in this debate on the year in review and I thank you for the opportunity. It was a year in which the result of the democratic election was that the DA took over the government. This brought about changes in the government in the Western Cape that are quite significant, but it also brought about new challenges, not only for our government and the ruling component of this government, but it certainly also presented challenges to the opposition in the province. I must say, on reflecting on the year in review, I’m very proud that I’m part of a team that adapted very, very quickly to being in government and being successful in government. Unfortunately, as we have witnessed here over the past weeks, and again today, the official opposition does not know how to deal with the change that has come about in the province. It’s actually a very serious matter, Mr Speaker. I’m deviating from my prepared notes here and I’ll hopefully find the time to get back to some of the issues, but what is happening here is simply unacceptable. It is contempt of the democracy. It shows contempt for democracy. It is about anything but democracy being closed down if you do not take part in the opportunity given to you, throw your toys out of the cot or demonstrate the way the ANC has done here today. They’ve created misperceptions about why they did it, they created misperceptions about why they left the House last week – and we will investigate that. However, what happened here is unacceptable. If you take what happened here and look at the ANC’s strategy in the province, within the democratic society and framework of our country, then it is actually something very serious that we, in South Africa, should take note of. If this is the way we’re going to go then eventually we are not going to have a democracy. Mr Speaker, this is taking democracy hostage. It is really a threat to democracy to say, “If we can’t win the election we will simply make it impossible for you to operate and function, we will burn down the city and we will stop all services.” It is the best-serviced city in the country and this is one of the best-operating Legislatures in the country, but then the ANC acts in the way it did. It’s simply unacceptable. What the ANCYL is doing in our townships and in other areas in the Province is unacceptable. What the ANC is doing in the Legislature is unacceptable.

2958 TUESDAY, 23 NOVEMBER 2010 That the President of the country shares a stage with the leader of the ANCYL, who calls the Premier of the province a cockroach and does nothing about it is unacceptable, yet he expects the whole country to respect him. It is unacceptable. Mr Speaker, this is actually a waste of taxpayer’s money, and while we are reviewing the year, at that. The ANC members are prepared to stay on to collect their salaries every month, but they’re not prepared to stay on to represent their voters in the House. It is “theft”, in inverted commas, of taxpayers’ money – if it is in inverted commas. *The ANC handles the democratic outcome that happened in South Africa – and that will happen increasingly and that is increasingly starting to happen – very poorly and that should send a message throughout the entire world about what is going on here. †Mr Speaker, talking about closing down the democratic space, is it creating democratic space when corruption is the order of the day? Is it creating democratic space when you deploy cadres, regardless of whether they are fit to do the job or not? Are any of those things creating democratic space? Is that what the ANC is referring to when it speaks about democratic space, or is it democratic space when one has the opportunity to spend hours and hours in committees and special committees – some of them going on until 01:00 in the morning – debating the annual reports, deliberating on the annual reports, having the opportunity to put question after question to a full bench of officials from every department in this government? Then all of this is followed up with Scopa meetings, where they could repeat the whole exercise with the emphasis on finances. Is that really closing down democracy? Is it closing down democracy when a debate of this nature was last held in 2007? The ANC never had these debates. We brought this debate to this Parliament, yet now they are complaining because a document was delivered late, which is actually the result, and an executive summary, of the work that they had already done when deliberating on all the annual reports. Mr Speaker, there’s a better word for it, but let me say the ANC is trying to bluff us; it’s part of their strategy in this province. It is serious, it is dangerous and we, as a government, will have to take a stand on this, because it cannot work like this. The annual reports were dealt with in great detail, but we know what’s going on. You know, Mr Speaker, I think it is time for this government to call on the ANC as the governing party in the country and say to them that not only is their party in disarray and in chaos in this province, not only is their party divided and almost nonexistent in the province and it should take responsibility for a failed previous governmental term, but their people in the Legislature are actually failing the ruling party in South Africa. I think we need to call on the President of South Africa, on the people responsible, not only to address the party in the province to build political power, but also to address those who have already been elected by the voters and tell them to adhere to their responsibility to the voters and the taxpayers. Mr Speaker, strange as it may seem, under the circumstances I understand to a certain extent the frustration in the ANC.

TUESDAY, 23 NOVEMBER 2010 2959 I understand their frustration when you analyse the situation and realise the extent of the fighting amongst the factions in the Legislature when they were in government, using state assets to drive that and advance their different factions – the extent of which we should also debate at a some stage. I understand the frustrations in a fight like that between two camps, Skwatsha and Ozinsky and Lynn Brown, on the one side, fighting Rasool and Fransman and the others on the other side, yet today, Mr Skwatsha has been removed as leader, and he’s been demoted, and Mr Ozinsky has been demoted from Chief Whip to nothing. †Mr M G E WILEY: Bloody awful. †The MINISTER: Ms Lynne Brown has nothing. They haven’t offered her even the ambassadorship of Lesotho or Swaziland, the smallest countries. Yet, Mr Rasool, who they won the fight against here for running a bad and corrupt government, has been promoted and elevated to one of the most sought-after ambassadorial positions in the world. †The SPEAKER: Order! Will the hon Minister please conclude? †The MINISTER: He was made ambassador to the USA and Mr Fransman a Deputy Minister. [Laughter.] Mr Speaker, to get back to my speech: It was one of the best years in the past 10 years and I’m looking forward to the next nine. [Interjections.] †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, it’s my job to close the debate, but before I do that I want to add my voice specifically to that of the Leader of Government Business in the House. I think what the ANC did today is an absolute disgrace and the Leader of Government Business has outlined this, but I just want to do it again. The debate, and I raised that when the questions were being asked, says “The outcomes of the 2009-10 Annual Reports”. That is what the debate is about and that has been known about for a while. This wasn’t known about only now at 11:00 today, it’s been known for a while and I believe that last week already the ANC, contemplating the outcome of the annual reports debate, asked for a two-hour debate. There was a discussion in the Rules Committee and it was said that we only use one-hour debates for this kind of topic. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: They didn’t ask for that document. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: No, they in fact asked for a two-hour debate last week. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Not for the documents. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: They asked for a two-hour debate on the annual reports. This morning, I believe, that in the Programming Committee they asked if we could please have an hour-and-a-half debate.

2960 TUESDAY, 23 NOVEMBER 2010 They did not ask where the ATC was, but whether we can have an hour-and-a half-debate; and they were told no, we’re going to have a one-hour debate. It wasn’t mentioned by the hon Chief Whip of the Opposition today, the time they requested for their debates this morning and that it wasn’t given to them. They now come along with the excuse that the ATC was delivered at 11:00. That, quite frankly, is not what the real issue is about. This is an issue about an orchestrated walk-out, because if you watched what was happening, while the discussion was still going on as to whether we could entertain changing the day for this debate, they were packing up before the decision was made. Before the House was requested to make that decision, they were packing up their books and getting ready to walk out. It was entirely orchestrated. It was a case of asking, how are we going to get a mechanism so, once again, we can walk out of the House – hoping that this is now going to show that they’re not getting space for democracy, but they’re doing exactly the opposite of getting space for democracy. So, quite frankly, I think it’s an absolute disgrace and we need to make sure that we get that out to the rest of the world. In answering this debate I’m not going to spend time on talking to each of my colleagues who has partaken in this debate from the government’s side of the House. I think they’ve all made very good points. What I would like to do is perhaps to speak to hon Bevu. I think she made some very good points in her speech, but I just wanted to highlight one or two. The first point was on spending and she spoke about this government, on spending. Well quite frankly, hon Bevu, this government, with a R32 billion budget spent within its 2% and is one of the best performing provinces in South Africa in terms of spending its budget – not overspending its budget, but of spending its budget. Quite frankly, the numbers that were mentioned during the process of reviewing annual reports that looks at items that are perhaps overspent on when it comes to offering services – specifically, the one that comes to mind is services to Aids sufferers in the province – it is where we are offering a service. When we overspend on that service then we have to find other mechanisms of feeding and covering that kind of overspending. Besides that, when we under spend there are processes that we have to follow and this Legislature is one of them. There’s a mechanism where there is no capability of spending the money and then we’ve got to ask the question: Are we under spending and is it a disgrace to under spend, or are we managing it, as the Speaker has done in the Legislature Vote, where he said we are not going to spend this money, we please request permission to roll this money over to spend next year. This is because we believe we will spend it responsibly as opposed to – as happens in many other places when they have an extra couple of million – spending it quickly and spending it on rubbish. There are lots and lots of departments and municipalities in this country that spend money that way. They waste taxpayer’s money by saying let’s just make sure we spend it, no matter what.

TUESDAY, 23 NOVEMBER 2010 2961 So I think we must just have a look at it in context, because I think it’s when we’re doing these things that we’re actually being a responsible government. You also spoke about youth and unemployment and I agree with you; our biggest headache is how do we create employment? Our Strategic Objective 1 is growth and jobs. Now, I just want to speak to two programmes. The one which you know about, Work and Skills for 100 000, focuses specifically on the youth market. We are the only province in South Africa that has such a programme. Pravin Gordhan has looked at it and wants to roll it out, but there’s such tension in the national Cabinet that they’re not managing to roll out the programme. Last night I was at the launch of our project where the national Seta, the W&R Seta, was in the province and we’ve got them to partner with us on the same programme, for people coming out of the FET Colleges. So it’s not only for people who are in the sector, who have finished school, but are unemployed and don’t have any hope of getting any work. We’ve even managed to ramp it up and get partnership with national money coming in along with our money. They’re putting in R7,5 million into the project that we launched last night and we’re putting in R3 million. In that project we’re taking youngsters, who have come through FET Colleges, and we’ve placed 300 of them into companies for one year. That is the project that was launched last night. The national CEO of that Seta was very reticent, but after he came down and had a look at what we’re doing he’s excited and they’re now putting that money, from a national level, into projects in this province. I want to end by just talking about our audit outcomes versus some of the others. I think we can be very, very proud of the audit outcomes of this province. We all can be. I know that Minister Meyer spoke on a number of them, but in this province there were five departments that were financially unqualified with other matters. This is not to say that we don’t have lots of work to do. We have lots of work to do, because we’ve got to continue to improve. However, we have five financially unqualified with other matters. There are eight clean audits in departments. In our entities there are four financially unqualified with other matters and nine clean. We are the only province in South Africa with that kind of results, but, as I have said, we’ve got to continue and make sure we keep it there, at the very least, and get better and better as we go along. I would also like to mention that if we look at this in contrast to the other eight provinces – and I’m not going to go province-by-province – those provinces managed to amass 10 disclaimers and 24 qualified audit reports. So, really there’s a lot of work to be done in those other provinces and it really shows the difference between a DA-controlled province and an ANC-controlled province. I want to take the opportunity to say thank you very much specifically to the Red Flag team for their hard work. They put together the management report from the previous year and the reports that go to each department. They helped to put together the financial management improvement plan, which is the overall plan that helps every department either stay where it is, or at the very least, to grow and get better.

2962 TUESDAY, 23 NOVEMBER 2010 We also have to thank each and every HOD, each and every CFO and each and every MEC, because when you ask the Auditor-General why we got such good results, they say it’s about leadership. Leadership is what gives you these kinds of audit outcomes and the Auditor-General says that, not us. So it’s from the Premier to MECs, to HODs, to CFOs, to the top management of every single department. They are the ones that make sure that we get these kinds of audit outcomes. So, to them I say, on behalf of the government, thank you very much and we really do appreciate it. In closing I want to say two things – and I’ve spoken about what some of the other provinces were like. Firstly, it was really a very proud moment for the Premier and me when we attended the extended Cabinet meeting – chaired by the President, with the full Cabinet and every MEC of Finance and every Premier from every province –and we were being addressed by the Auditor-General, and every single time the Western Cape was top of the log. It was a very, very proud moment. [Applause.] Secondly, in that presentation there were two departments in South Africa that got an absolute clean sweep on governance. There were only two in the whole country and the one was this Legislature and the other was the Department of Economic Development. There were only two in South Africa and they were both in this province. So, I think that this annual report debate really shows that the DA government is making a huge difference in South Africa. Debate concluded. The House adjourned at 17:44.

__________________________ TUESDAY, 23 NOVEMBER 2010 COMMITTEE REPORTS The Speaker: 1. Report of the Standing Committee on Governance on the Western Cape Local

Government Laws Rationalisation Bill [B 2–2010], dated 9 November 2010, as follows:

The Standing Committee on Community Development, having considered the subject of the Western Cape Local Government Rationalisation Bill [B 2–2010], referred to it, begs to report the Bill with amendments ([B 2A–2010] and [B 2B–2010]).

2. Report of the Standing Committee on Community Development, on the Western Cape District Health Councils Bill [B 6–2010], dated 11 November 2010, as follows:

The Standing Committee on Community Development, having considered

the subject of the Western Cape District Health Councils Bill [B 6–2010], referred to it, begs to report the Bill with amendments ([B 6A–2010] and [B 6B–2010]).

TUESDAY, 23 NOVEMBER 2010 2963 WEDNESDAY, 24 NOVEMBER 2010 TABLING The Speaker: 1. 2010 National Conference of State Legislatures (NCSL) KICC, Louisville,

Kentucky, USA, Sun-Wed, 25-28 July 2010

DELEGATION

Speaker S. Esau and Spouse

Deputy Speaker R. Majola

INTRODUCTION

The NCSL is a bipartisan organisation that serves the legislators and staff of the USA’s 50 states, its commonwealth and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues.

The 2010 Legislative Summit is 3 days of 150 policy sessions on the most pressing issues facing state legislatures in the USA. Some of the topics include budget conditions, education reform, health care funding and renewable energy.

On the other hand, the Summit accommodates an international attendees’ forum that touches on international issues that have global implications. Compared with last year’s conference, it was not as tight for the international attendees and afforded more opportunities for networking, engaging peers from different countries and sharing valuable experiences.

PROGRAMME

Saturday, 24 July 2010

We arrived on Saturday, 24 July 2010, in Louisville, the state capital of Kentucky, USA, and booked in at the Marriot Residence Inn.

Sunday, 25 July 2010

At 08:00 Senator David Williams, Senate President and Representative Tanya Pullin, Kentucky Legislature, received and welcomed the WCPP delegation at a special reception in the Marriot Hotel, where we exchanged courtesies and gifts and briefly discussed common issues of concern.

At 09:00 we joined all the international attendees at the formal reception and welcome for foreign delegations by Kentucky’s Speaker, Gregory D. Stumbo, and Senate President, Sen. David Williams, where all countries introduced their delegations. The moderators were Senator Richard Moore of Massachusetts and Representative Neufeld of Kansas.

Subsequently we registered and obtained our conference packs and joined the 1st session, “Strategies for Promoting Economic Growth”. This session dealt with strategies to grow the economy during and after the world recession crisis. Many a government is challenged to develop programmes and policies to combat and reverse the economic decline. The US State Budget was used as a case in point, with an emphasis on legislative actions to close the enormous budget gaps. The development of the local economy and lesser focus on the export markets were key aspects of the economic growth programme.

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The panellists were Rep Terri J. Austin of Indiana and Sen. Gary D. Le Beau of Connecticut. The session was moderated by Corina Eckl of the NCSL.

The Economic Policy sessions focused on the US recovery from its fiscal crisis and the future trends for state economies. It also explored the Top 10 Management Characteristics of Highly-Rated States to consider how they manage their state operations and how they improved and what are some of the characteristics of states that are regularly rated as triple A by the bond-rating agencies.

Afterwards we proceeded to the jetty for a Casual River Boat Cruise Luncheon on Tourism as an Economic Development Strategy which was facilitated by Brent Yonts of Kentucky.

When we returned in the late afternoon, we attended Sen. R. Moore’s special reception as the President-Designate for the NCSL. This was hosted at the Frazier International History Museum.

In the early evening, WCPP delegates were special guests to a theatre play “The Kingfish”, which was hosted by the Kentucky Host Committee under the leadership of Sen. David Williams.

Monday 26, July 2010

The 2nd session, “Does Congress Care about the States” was jointly presented by the US House Speaker, Democrat Nancy Pelosi, and US Senate Republican Leader Mitch McConnell. They presented their respective party perspectives on key national issues and the relationship between states and the federal government. The guest speakers were officially welcomed by Sen. David Williams and Speaker Greg Stumbo. Sen. Don Balfour, the outgoing- President, facilitated the session.

This was followed by a trip to Frankfort, where we visited the old State Capitol House which houses the three arms of government: Government, Judiciary and Legislature. We were taken on a historical tour of the building. This tour was hosted by the Kentucky legislators who arranged our lunch. A joint presentation by Sen. David Williams and Rep. Tanya Pullin followed.

On our return, Speaker Esau was invited to the reception of the Women’s Legislative Network. This was also a celebration of their 25th anniversary. The topic under discussion was “Violence against Women and measures to combat it”.

During this time, Speaker Esau’s spouse visited “My Old Kentucky Home and Bourbon” as part of the spousal programme.

The evening all participants attended the welcoming reception by “The Kentucky Lady Legends: County, Culture and Cuisine” at the Waterfront Park. The event was accompanied by entertainment, with three country music champions, viz. Wynona Judd, Loretta Lynn and Patty Loveless. Of course, the evening ended quite late!

Tuesday, 27 July 2010

The 3rd session started with “An Education Success Story”. This was presented by Governor Jeb Bush of Florida.

The Education Policy sessions mainly focused on the role of community colleges in response to the fiscal crisis and decreasing unemployment.

TUESDAY, 23 NOVEMBER 2010 2965

In the US, much like our FET colleges, their community colleges provide innovative, adaptable and real-time solutions by working closely with business and communities to meet state and regional workforce needs. These sessions discussed the role of community colleges in retraining workers, how states can leverage federal and other money to supplement state money, federal policies on funding that could better target disadvantaged students and special needs programmes.

During this time, Speaker Esau’s spouse attended the “Thoroughbreds, Ivy and Spirit” programme, visiting a stud farm and breweries.

We all joined the “Taste of Texas 2011 Kick-Off” luncheon at the Exhibition Hall. This was a promotional event to showcase Texas as the next NCSL 2011 host.

We then visited the various exhibitions and met the stall holders, which included the government, business and NGO sectors.

During the afternoon Speaker Esau presented his paper on “Global Perspectives on Job Creation and Economic Development” with his co-panellist, Speaker Richard Torbay of the NSW Parliament in Australia.

This session was facilitated by Rep. Anna I. Fairclough of Alaska. The discussion papers dealt with new approaches to workforce development.

Wednesday, 28 July 2010

The 4th session was enttitled “America’s Tale”. This was presented jointly by Peter Heart, a Democrat, and Neil Newhouse, a Republican. Both are actively involved in political campaigns and polling. They presented their perspectives on the view of Americans on the economy, the direction of the country and its political influence.

In addition, the Energy, Environment and Transport Policy sessions focused on new database systems of tracking the 50 State Legislatures on energy and environmental legislation in real time. Information on bills that have been introduced on air quality, nuclear energy and waste, recycling and water issues is monitored. The database is updated and summarised bi-monthly.

After the session we paid a short visit to the exhibition hall and returned to the hotel to prepare for the farewell reception at the Marriot Hotel. The international attendees were officially thanked and bid farewell. Subsequently, we proceeded to the special farewell reception at the famous Churchill Downs Racecourse, where we were specially treated to witness three horse races and enjoy our last supper! Thursday, 29 July 2010 WCPP delegation departed and returned to South Africa. CONCLUSION The NCSL Conference was once again a good platform to share experiences, build and expand networks and deliberate international best practices. Many of the sessions had a bearing on our situation and circumstances, too. The NCSL is focussing on ICT developments for the legislative sector in particular and IBM is playing a very important role in this regard. The host committee and individual legislators have expressed a keen interest in pursuing an exchange in this respect.

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We have also identified this need in South Africa. This is, of course, corro-borated by the AG and the King 3 Reports. We shall follow up this important issue with further correspondence and with the view of mutual collaboration.

COMMITTEE REPORTS

The Speaker:

1. REPORT OF THE STANDING COMMITTEE ON COMMUNITY DEVELOP-MENT ON THE OVERSIGHT VISIT TO KHAYELITSHA HOSPITAL, DATED 1 SEPTEMBER 2010

The Standing Committee on Community Development, having undertaken an oversight visit to the Site B Khayelitsha Hospital on 1 September 2010, begs to report as follows: 1. Introduction The Committee visited the Site B Khayelitsha Hospital as a part of its committee programme and overall oversight function. In organising this visit the Department of Health was requested to assist with the logistical arrangements for the visit to the hospital. The objective of the visit was to conduct oversight over the executive.

2. The delegation

The delegation consisted of the following Members: Ms A J D Marais, (DA) Chairperson and leader of the delegation Ms C Labuschagne (DA) Mr M G E Wiley, (DA) Ms J Witbooi, (ANC) Ms S U Paulse, (ID) Ms J L Hartnick, (DA) Ms N C Magwaza, (ANC) The Department of Health was represented by the following officials: Dr G Perez, Director: Substructure Mr Phellis, Deputy Director: Comprehensive Health Dr A Kharwa, Chief Executive Officer: Khayelitsha District Hospital Mrs F Notshe, Facility Manager: Khayelitsha Hospital Ms N Mantanga, Operating Manager: Ubuntu Clinic Ms B Stuurman, Personal Assistant: Substructure Dr SC Govender, family physician Dr F Bango, doctor, Ubuntu Clinic Dr K Cloete, Chief Director: Metro District Health Services Ms L Godlwana, Deputy Director: PHC 3. Account of the visit The delegation was welcomed by Dr Perez and senior officials of the Site B Khayelitsha Hospital staff. Dr Cloete gave a brief overview of the District Health Service. Ms Godlawana presented a briefing on the history and current situation of the Site B Khayelitsha Hospital, which included an overview on infrastructure, equipment, staffing, etc. Mrs Notshe briefed the Committee on challenges and achievements and focused especially on TB, HIV/AIDS and emergency care. Mrs Notshe guided the Committee on a tour of the facility, including the trauma unit, Ubuntu Clinic for HIV and AIDS, maternity unit and out-patient department, etc.

TUESDAY, 23 NOVEMBER 2010 2967

4. Challenges and findings (a) Khayelitsha has the highest burden of people with various diseases

(diabetes, high blood pressure, HIV and AIDS, etc.); (b) Head count of between 25 000 – 32 000 patients per month; (c) Poverty of the community which the hospital serves; (d) Capacity of the infrastructure is far less than what is needed; (e) The Health Committee has not been functioning owing to political issues; (f) Community makes use of the facilities such as toilets; (g) Electricity is being stolen; (h) There is a daily influx of people from other provinces and foreigners; (i) Doctors have difficulty communicating with patients who cannot speak

English, as most patients speak isiXhosa and the hospital has a shortage of interpreters to assist doctors;

(j) The high rate of illiteracy in the community; (k) Low staff morale; (l) Medicine shortages because of the inability of suppliers to deliver on time; (m) The high rate of teenage pregnancies and the termination of pregnancy; (n) The out-patient department has only one social worker; and (o) The hospital does not have enough consultation rooms for HIV and AIDS

patients. 5. Recommendations That the Department (a) sort out the issue of suppliers to ensure that they deliver on time; (b) run the prevention programme to the communities to try and reduce the

high rate of pregnancy and the termination of pregnancy; (c) inform the Committee of the status of all the committees which are

functioning at the moment, problems they have and what they propose; (d) appoint another social worker for the out-patient department; and (e) address all the issues on the challenges and findings and then explain

before the Committee the way forward. 6. Conclusion On behalf of the delegation, Mr Wiley thanked the Department of Health, hospital staff and the Committee staff for their contribution in ensuring that the visit was a success.

2. REPORT OF THE STANDING COMMITTEE ON COMMUNITY DEVELOP-MENT ON A JOINT SOCIAL CLUSTER (GROUP A) PROVINCIAL OVER-SIGHT VISIT THAT TOOK PLACE FROM 17 – 20 AUGUST 2010 The Standing Committee on Community Development, having participated in a joint provincial visit week together with other Standing Committees in the Social Cluster of the Western Cape Provincial Parliament, begs to report as follows: 1. Introduction The Standing Committee on Community Development, jointly with the Standing Committees on Community Safety, Education, Cultural Affairs and Sport and Premier, Gender, Disabled and Youth, undertook various oversight visits to schools, children’s homes, clinics, training academies, police stations and museums and held public hearings on provincial legislation.

2968 TUESDAY, 23 NOVEMBER 2010

The objective of the provincial visit week was to conduct oversight over the provincial executive authority. 2. The delegation

The delegation of the Social Cluster consisted of the following Members: Ms JL Hartnick, (DA): Chairperson of the Standing Committee on Education, Cultural Affairs and Sport; Ms C Labuschagne, (DA): Chairperson of the Standing Committee on Premier, Gender, Disabled and Youth; Mr MGE Wiley, (DA): Chairperson of the Standing Committee on Community Safety; Ms AJD Marais, (DA): Chairperson of the Standing Committee on Community Development; Ms CF Beerwinkel, (ANC); Ms NC Magwaza, (ANC); Mr PC McKenzie, (ANC); Ms M Tingwe, (ANC); Ms J Witbooi, (ANC); Ms PW Cupido, (ACDP); and Ms JA Van Zyl, (COPE).

The delegation was also accompanied by the following staff members:

Senior Committee Co-ordinator: Mr MDK Sassman Committee Co-ordinators: Mr ZC Sakasa

Ms LH Cloete Ms W Hassen-Moosa

Committee Assistant: Ms M Burgess Service Officer: Mr Abdullah Samuels

3. Account of the visit

On Wednesday, 18 August 2010, the Committee held a public hearing on the Western Cape Ambulance Services Bill [B7-2009] in the Banquette Hall in the Civic Centre in George. The hearing commenced at 10:20 with a brief overview of the Bill from the representatives of the Department of Health, followed by a session of oral submissions from interested persons/organisations. One written submission was received. The hearing adjourned at 11:05.

On Thursday, 19 August 2010, the Committee visited the Bongolethu Clinic in Oudtshoorn at 11:30. Sister Jackson welcomed the delegation and presented a brief overview of the clinic, including information regarding its history, successes, challenges and concerns. Sister Jackson took the delegation on a tour of the facilities. The meeting adjourned at 11:50.

On Friday, 20 August 2010, the Committee held another public hearing on the Western Cape Ambulance Services Bill [B7-2009] in the Town Hall in Malmesbury. The hearing commenced at 10:30 with a brief overview of the Bill from the representatives of the Department of Health, followed by a session of oral submissions from interested persons/organisations. The Committee also considered the Social Assistance Amendment Bill [B5B-2010] (NCOP) and agreed on a final mandate stage report to support the Bill without amendment. The meeting adjourned at 11:05.

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4. Findings

At the Bongolethu Clinic, Sister Jackson indicated that the clinic had initially operated its provision of health care services to the community on an appointment basis but had since changed its approach to deal with community patients on a first come, first served basis, in so doing prioritising infants and emergencies. A fast-line service was also introduced, which proved to be successful. This has proven to be successful regarding the turn-around time of dealing with day patients.

The challenges which need intervention at the clinic include a shortage of Sisters (currently four Sisters are employed) to deal with the daily number of patients. The fact that one of the Sisters has to stand in as a pharmacist has also been noted as a challenge because this takes away the availability of that Sister to deal with the day patients and puts undue pressure on the other Sisters. Another challenge is that the building which houses the clinic has become too small to handle the increased number of patients. Regarding the inputs/submissions received at the hearings on the Western Cape Ambulance Services Bill [B7-2010], the legal and departmental officials’ team was requested to prepare a schedule of the comments and where possible to submit amendments to the Committee for its consideration.

5. Recommendations

That the–

(a) Department of Health seriously consider –

(i) allocating a dedicated or shared district pharmacist to provide a service at the Bongolethu Clinic; and

(ii) extending the current building so that the Bongolethu Clinic can more efficiently accommodate and manage the number of daily patients; and

(b) Public Participation and Access Unit come up with a way of drawing people to the public hearings because the institution spends a lot of money on preparations and very few people attend.

6. Conclusion

The Chairperson wishes to thank the delegation of Members as well as the Committee staff for their contributions, which ensured that the provincial visit week was a success. The Chairperson also thanks the Minister of Health as well as the Head of the Department of Health for their assistance in arranging the visits and for making available their officials to ensure that the visits and public hearings were successful.

2970 THURSDAY, 25 NOVEMBER 2010

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 12:00. The Speaker took the Chair and read the prayer. ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS—see p †The SPEAKER: Order! Members, we’d like to extend a warm welcome to Dr Danny Titus, as a special guest of Minister Meyer,in the gallery today.You are most welcome, Dr Danny. I see we also have other guests from the Chamber and other members who have joined us here as well. You’re all welcome. That will be Mr … [Inaudible].[Interjections.] No, this is a notice. I can’t. Of course, I extend it to all our special guests in the gallery who are here.[Interjections.] Thank you very much, members.[Interjections.]Order! Order!

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Introduction and First Reading) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Good afternoon, members and guests. Not long ago, the world, followed closely by South Africa and the Western Cape, emerged from the worst economic recession since 1929.While we are out of the woods by technical definition, new risks have emerged that may compound the constraints we are already facing. These include the possibility of default on country debt in advanced economies, and fiscal consolidation which could dampen domestic demand. The negative spill over may affect our economy. In crafting the 2011-2014 Medium-Term Budget Policy Statement and the 2010 Adjusted Estimates of Provincial Expenditure, we were forced to take these risks and our constrained financial envelope into account. We were nevertheless intent on pursuing our vision of an open opportunity society for all. To this end, we developed 12 strategic objectives that, put together, have become the guiding philosophy behind our policy choices for the next three years. During every step of the formulation process, we asked ourselves whether our plans would help or hinder growth. We also looked at where our spend would make the biggest positive impact on the people of this province. Our strategic objectives were tailored after careful consideration of the major challenges that the people of this province are faced with. These include the need for better education and healthcare; homes, food security and public transport; the reduction of crime; and, most importantly, more jobs. In partnership with the private sector, these challenges are surmountable. We will improve our education and health outcomes through targeted strategies that address the weak points in our systems.

THURSDAY, 25 NOVEMBER 2010 2971 We will build homes together with prospective home owners, move more people over to quality public transport and address crime in collaboration with communities. We will tackle job creation by promoting our province as a strong competitor in the areas of trade and business, as a centre of innovation and renewable technology and as a top international and domestic visitor destination. Our age-old saying that time takes care of everything does not apply here as we cannot afford to wait. We must drive our priorities with the firm belief that providing services based on need and stimulating growth based on clear evidence of our competitive edges will lead us towards a society in which there are opportunities for all. Mr Speaker, over the next three years, the administration of the Western Cape will further entrench its position as the best-run provincial government in South Africaby delivering improved services and an environment that encourages growth and jobs. Economic outlook for the next three years As an open economy that trades its goods and services outside of its borders, the Western Cape is influenced directly by the global and national economic environment. The 2010 Provincial Economic Review and Outlook lists several risk factors arising out of developed economies, but on the whole reports a good start to 2010,with robust growth in developing markets. This has resulted in the upward revision of global growth estimates. The South African economy is projected to grow at 3% in 2010, by 3,5% in 2011 and by 4,4% by 2013.Although much improved, these figures will not facilitate the country’s developmental needs, and partnerships with business and labour must be sought.Assuming that the global recovery continues, South Africa should see gradual but sustained growth. The Western Cape economy, which has traditionally fared better than the national economy, is expected to grow by 2,8% in 2010, by 3,2% in 2011 and by above 4% for the foreseeable future. However, Mr Speaker, I must just say that although we might be coming out of a recession, it will be slow, and I do not believe that we have seen the end of job losses. We’ve lost a million jobs in South Africa. We’ve seen job losses in the last quarter and, I believe, in the next quarter. We will still see some job losses before we start to grow into this new growth path. Our growth outlook is influenced by growth in export markets. As a factor upon which our development depends, promoting our most competitive sectors is a key policy priority over the medium term. Over the past decade, the composition of the Western Cape economy has shifted from being manufacturing-based towards being services-oriented. Whilst services are often regarded as non-tradable, we have been able to export the products of our film, tourism, financial services and business process outsourcing industries. As these sectors have grown, so too has the demand for skilled labour.

2972 THURSDAY, 25 NOVEMBER 2010 We are in the fortunate position of having key academic institutions across the province that can assist us to meet these demands. Whilst we are working on increasing academic opportunities for our citizens, the challenge is enormous because the majority of our labour force is unskilled. Both our unskilled and skilled workers have been negatively affected by the economic downturn. A particular threat exists within the working-age population below the age of 35 years, where over 70% are unemployed despite being better educated than their older counterparts. To address the rampant poverty and unemployment that we have inherited, we have looked to economies that we can learn from, such as China and Brazil. There, poverty was significantly reduced through the encouragement of economic growth. We believe that the primary role of government is to promote an enabling environment so that job-creating growth can occur. This involves the provision of basic services, quality education and healthcare, so that citizens have the best possible chance of working for, and not against, growth. We have also studied research devised to guide and support our growth plans. The Growth Potential Study of Towns in the Western Cape makes a coherent case for a targeted approach to development based on nodes that have better potential for growth. Our role is to identify and drive the development of these areas. Social outlook for the next three years The Western Cape has a total population of 5,28 million people, of which two-thirds reside in the Cape Metro. The province is home to 1,77 million children under the age of 18 years, and 1,9 million people between the age of 15 and 34. Of the total working-age population, 21,8% are unemployed. This is arise of 1,3% year-on-year. Roughly, 36% of our children are living in poverty, and 10,8% live in households with no employed adults. These statistics suggest that a great many children are going hungry and cannot afford the necessary materials that make schooling a comfortable and productive experience. Our education outcomes confirm this. Over the past five years, our pass rates have declined. Our learners struggle with reading and writing, and 85 of our schools were underperforming by 2009. Drastic action is required to turn this around, and I believe that under Minister Grant that is what we are busy doing. Our healthcare system has seen similar downturns in effectiveness. The burden of disease in our province, which consists of HIV and Aids, TB and injuries from violence and traffic accidents, amongst others, has been exacerbated by substance abuse, unemployment and poverty. It will take a transversal approach to address the causes pressurising our healthcare system. The poor retention of medical staff has been partially addressed through the roll-out of the Occupation Specific Dispensation. The current housing backlog sits at around 500000 units. The gap market presents a unique problem in that these citizens neither qualify for home loans from banks nor for housing opportunities from the government.

THURSDAY, 25 NOVEMBER 2010 2973 Anyone who follows the news will have read that the Western Cape is allegedly the “stab capital” of South Africa. The recent murder of the British tourist, Anni Dewani, in Gugulethu has once again led to global reporting about our crime rates. Tied to gangsterism and crime is again rampant substance abuse, with Methamphetamine being the drug of choice. The lack of safety and security amongst our societies negatively affects our communities and our economy, and it must be brought under control. In dealing with the challenges outlined above, we have devised 12 strategic objectives that are outcomes-based and will be addressed transversally across government to achieve holistic solutions. Governing for results Mr Speaker, we are confident that the consistent application of our 12 strategic objectives will yield positive results. We will therefore reprioritise funding towards these objectives. Our first and overarching priority, as mentioned above, is to create jobs. We will do this by fostering an enabling environment for private sector-led, government-supported growth in our strongest sectors. The primary driver of these initiatives is the Department of Economic Development and Tourism. Their initial concern has been to address the mismatch between our skills supply and skills demand as we move towards a services-oriented economy. Work on this has already begun. We have several competitive advantages to ensure our success in this regard, which include that our population is relatively better educated than the rest of the country and we host South Africa’s best tertiary institutions. The private sector has partnered with us to offer apprenticeships and experiential learning opportunities to the province’s young, unemployed graduates. I have mentioned this on a number of occasions in the past. Most recently, we joined forces with the Wholesale and Retail Seta to co-fund workplace learner ship opportunities for 300 FET graduate students. The province gave R3,6 million to this initiative and the Seta partnered us with a further R7,2 million. Under national guidelines, we will also set aside funding for the establishment of a provincial skills development forum. This body will provide a mechanism through which the public and private learning institutions can jointly devise appropriate skills programmes based on a needs assessment of our economy. In our determination to attract more investment and export opportunities, we are intent on presenting a better value proposition to international markets. Our outward marketing efforts will be informed by the Future Cape vision and brand that we are currently developing to attract specific skills and investment into the province. Cutting red tape, ensuring that the province is free from corruption and building world-class telecommunications infrastructure are further steps we will be taking towards achieving these goals. Recent remarks by national Minister Pravin Gordhan on the relaxation of exchange controls and incentives for head offices will augment our plans.

2974 THURSDAY, 25 NOVEMBER 2010 Already we have several initiatives in the pipeline towards which funding will be prioritised. The IDZ in Saldanha Bay, the East City Design Precinct plan and the building of a renewable energy technology are some of the key focus areas. Our tourism industry, which currently contributes a 10% share to the region’s GDP, will be scaled up through targeted marketing campaigns in conjunction with national and local government, as well as the private sector. In addition to this, Mr Speaker, certain of the above functions will be transferred to the Western Cape Economic Development Agency. The Department of Transport and Public Works, which is charged with developing the infrastructure we require to enable economic growth, is putting plans in place to leverage off the provincial government’s strategically located and sizeable property portfolio. The Regeneration Project is aimed at simultaneously reducing government’s rental burden and revitalising the inner city precinct. The department will also work towards a 13% modal shift from private to public transport through the promotion of improved rail services, the formalisation of the minibus-taxi industry and the development of other integrated transport networks. Through the Expanded Public Works Programme, special focus will be placed on the improvement and upgrading of the 6635 km of surfaced roads and 25658 km of gravel roads in the province. Addressing the maintenance backlog, that has for so long been neglected, is also a priority. The Department of Agriculture is focused on achieving two primary goals: the creation of job opportunities and the conservation of our natural resources. To achieve these tasks, under Minister Van Rensburg, they have set themselves five strategic priorities. The first, being increased competitiveness, will be driven by research into the service delivery needs of farmers across the province. The second, food security, will be tackled through increased agricultural production at the primary level. To effect this requires a special focus on projects that encourage the transformation of the sector, which is this department’s third priority. The fourth, developing alternate markets, will be driven by the department through partnerships with commodity organisations. One such initiative is run in conjunction with the fruit growers’ commodity organisation, Hortgro, where the department matches their spend on empowerment projects for new farmers, rand for rand. Countering the effects of climate change is their final priority, and adaptive technology, processes and practices will be explored across the value chain. Mr Speaker, the Provincial Government of the Western Cape believes that access to quality education is the cornerstone of the open opportunity society. To this end, the Department of Education will continue to focus on the three critical areas: improving academic performance in Literacy and Numeracy for Grades 3, 6 and 9; improving National Senior Certificate performance; and reducing our learner drop-out rate.

THURSDAY, 25 NOVEMBER 2010 2975 The 2010 literacy and numeracy results and the National Senior Certificate results will allow the department to focus its strategies and determine new targets for school learners in 2011.Next year, the department will also begin to target the early phases of learning. Every decision taken in relation to education in the Western Cape will continue to be informed by the need to improve learner outcomes in this province, and deliver greater access to quality education. The WCED will ensure that the needs of learners are continually put first, and will do everything that they can to ensure that teachers are treated as the valued professionals that they are. To ensure that quality staff members are retained, national government has approved an Occupation Specific Dispensation for school and FET college educators. The Department of Health will focus its efforts and budget on increasing wellness amongst the citizens of the province. There are currently around 3,8 million Western Cape residents who are uninsured and depend on the government for their wellness needs. The department is expecting more than 17 million patients to visit the 450 primary healthcare facilities located across this province. Their key outcomes over the medium term are to better the patient experience, reduce maternal and child mortality, improve emergency medical services and lower the incidence of HIV and Aids. In support of the latter, the number of people receiving antiretroviral treatment will be expanded from 68000 to 90 000. We are also on track to complete the construction of the Khayelitsha and Mitchells Plain hospitals, and the revitalisation of the George, Worcester and Paarl hospitals. During the medium-term period, the construction of several new community healthcare centres and 18 forensic pathology laboratoriums will commence. The Department of Health is also an integral player in the provincial government’s transversal programme to address the burden of disease in the Western Cape. Together with the Departments of the Premier, Social Development, Economic Development and Tourism and Community Safety, we will launch a full-scale attack on those upstream elements of our burden of disease that are completely within human control but require behavioural change. Currently, at least one-fifth of our provincial budget is spent responding to harms brought upon ourselves through our own actions. This money would be far better spent elsewhere, and we are not against making an investment now to achieve this long-term goal. Further details on the department’s medium and longer term outcomes will be outlined when it publishes its updated Comprehensive Service Plan and 10-year strategic plan, entitled Healthcare 2020. Under Minister Fritz, the Department of Community Safety is committed to making the Western Cape a safer place to live. Their goal is to become preventative agents, rather than reactive agents, of crime.[Interjections.]Civilian oversight, security risk management and road safety management are key priority areas for this department.

2976 THURSDAY, 25 NOVEMBER 2010 In playing its part to tackle the province’s burden of disease, this department has adopted a zero-tolerance approach to road safety. Through the Safely Home campaign, road accident fatalities, traffic law enforcement and road safety awareness will be addressed. Together with the Department of Transport and Public Works, this department will wage an all-out war on irresponsible drivers this festive season, with regular roadblocks and speed traps on all major and minor routes. The Department of Human Settlements, which obtains the majority of its funding from the Human Settlement Development Grant, will upscale the provision of serviced sites from 18 000 to 31000 by the 2014-15 financial year. It will also work with communities to provide People’s Housing Projects,… [Interjections.] … which see new homeowners involved in the design and construction of their homes, under the supervision of a quality assurance team. Attention will be paid to improving the management of housing stock and the allocation of housing opportunities. To this end, high potential municipalities may become accredited housing developers. The department will also acquire well-located land for further housing opportunities. Every effort will be made to encourage the private sector to consider a state-backed finance scheme so as to avert the risk of borrowing, accelerate the development of mixed housing and increase rental stock. Discussions around the alignment of the Human Settlement Grant and Municipal Infrastructure Grant are already under way.[Interjections.]In line with the initiative, the department envisages the creation of a project management and professional resource team to assist municipalities to address the human resource constraints related to the built environment. The Department of Environmental Affairs and Development Planning is the custodian of our drive to mainstream sustainability and optimise the efficient use of our resources. It has identified six focus areas for action over the medium term. These are: climate change mitigation, water management, pollution and waste management, biodiversity management, agricultural land-use management and built environment. The Green Scorpions will also target environmental criminals. Mr Speaker, over the next three years, this department will develop a provincial spatial plan and implement land-use legislation. The latter is aimed at reducing red tape and speeding up development approvals across the province. In conjunction with the Department of Economic Development and Tourism, this department will power a renewable energy revolution in the Western Cape. We are ideally located to take advantage of wind, solar and wave power, and we will therefore effect a shift towards a greener economy. Simultaneously, the Green Procurement White Paper will stimulate the recycling economy, mainstream the 2Wise2Waste initiative and explore the production of waste into energy. The protection of our water resources is a key concern. Together with the Department of Agriculture, the Western Cape has targeted a 10% reduction in the allocation of water for agricultural purposes.

THURSDAY, 25 NOVEMBER 2010 2977 In the interim, the national government has approved emergency funding of R50 million for livestock feed in the drought-stricken Eden district and R92 million for a desalination plant in Mossel Bay. The Department of Cultural Affairs and Sport is mandated to increase social cohesion amongst citizens of the province. This will be done by encouraging civic and social participation,… [Interjections.] … by empowering communities to expand their knowledge and by encouraging healthier living through active involvement in sports. Key deliverables include better library services with Internet access, museums, language and heritage services, and the implementation of a school sport strategy. Ensuring that sport once again becomes an integral part of the learner experience is a special focus area. To this end, educators will become the central drivers of this strategy. The reduction and alleviation of poverty is the prime concern of the Department of Social Development. By strengthening its social welfare programmes, which include building resilient families, interventions to reduce poverty, dealing with youth crime and strengthening community development, this department will better the lives of the poor, the vulnerable and those in need of special care. This department also plays a critical role in the fight to reduce the province’s burden of disease. The Ke Mojo drug prevention programme and substance abuse services will assist nearly 100000 citizens over the medium term. Services to elder persons and early childhood development initiatives are further key priority areas. We are confident that many of the province’s social issues can be addressed through the restoration of families as the cornerstone of communities, and particular emphasis will be placed on bringing this to bear. Mr Speaker, together, the Provincial Parliament, the Department of the Premier and the Provincial Treasury are all charged with ensuring that all of the above plans are accomplished with a clean, corruption-free and community responsive governance structure. In one short year, we succeeded in raising the audit outcomes of the province’s departments and public entities considerably. Indeed, during our year of governance we achieved a clean sweep of 25 unqualified audits, thanks largely to the work of the Red Flag team at Provincial Treasury. In maintaining the financial integrity of the province, they will bolster financial management practices across every department, entity and municipality. Financial Management Improvement Plans and In-Year Monitoring reports will be closely monitored so that deviances and risks are identified early on and corrected. Mr Speaker, I think it’s not only the Red Flag team at Treasury but it also comes down to each and every MEC, …[Interjections.] … each and every HOD, CFO and management in each and every one of those departments.

2978 THURSDAY, 25 NOVEMBER 2010 Mr Speaker, the Department of the Premier will assume responsibility of the internal audit, enterprise risk management and forensic investigation units so as to ensure that any anomalies are dealt with at the highest level. Legislation outlawing the rights of employees to do business with government, which is due to be passed shortly, I believe, Mr Speaker, will leave less room for unscrupulous behaviour amongst the staff. Through the modernisation programme, the human resources compartment has also been shifted to the Department of the Premier. This has resulted in efficiency savings of R18,7 million to date. Over the 2010 MTEF period, the preliminary savings through this initiative amounts to R113,7 million. To effect the levels of service delivery we require depends on each and every employee operating at maximum efficiency and with a sense of sagaciousness. Through the corporatisation of the HR function, we will be able to set standard levels of operation for provincial staff members and improve accountability for underperformance. The information technology service delivery improvement plan will provide much needed support to employees by ensuring that they have access to the technology they require to perform optimally. The Provincial Parliament has introduced its own Parliamentary Service and Financial Management Bill which will increase financial governance of this entity. Mr Speaker, the Department of Local Government will provide hands-on support to municipalities within our ambit so that service delivery breakdowns are detected at an early stage here too. Municipalities have a key role to play in driving local economic development, and it is essential that the financial and regulatory procedures are beyond reproach. Together with national government and municipalities, this department will ensure that local communities have access to government services and information on socio-economic opportunities. Community development workers and Thusong centres will be used to bring this department’s initiatives to the people. Mr Speaker, I would like to thank the Department of Local Government for ensuring that it spent 100% of its Municipal Infrastructure Grant. We were the only province to achieve this. Their dedication to this task is further evidence of our dedication to delivering services to the people of the Western Cape. The Provincial Government of the Western Cape has the power to promote economic development, job creation and service delivery within our province. Our 12 strategic objectives are our response to the challenges that our citizens are facing and, put together, they have become the policy prerogatives of this administration. The resource envelope and financing issues Mr Speaker, as mentioned earlier in my speech, we have a limited fiscal envelope within which to achieve our goals. As such, every emphasis has been placed on funding only those programmes that are delivering value for money. This has become particularly important because growth in projected government spending is due to moderate over the medium-term expenditure framework. Our key priorities have been, and will remain, growth, education and health care.

THURSDAY, 25 NOVEMBER 2010 2979 Over the 2011 MTEF period, provincial expenditure will be financed through national transfers, 95%, and provincial own receipts, 5%. National transfers to all provinces are set to increase by R40,1 billion over the MTEF period. These transfers include a R29,8 billion increase to the provincial equitable share (PES) and a R10,3 billion addition to conditional grants over the next three years. These increased allocations seek to address higher than expected personnel costs, infrastructure backlogs in education and roads, and a range of health priorities. The Western Cape is estimated to receive conditional grants to the total value of R8,5 billion in the 2011-12 financial year, R8,9 billion in the 2012-13 financial year and R9,7 billion in the 2013-14 financial year. Put together, these contribute 22,8% to the resource envelope over the MTEF period. The bulk of these grants will be utilised to address infrastructure challenges in our schools and on our roads, devolution of property rates and on a comprehensive HIV and Aids programme. In addition to the above national funding allocations, Provincial Treasury has bid for a share of the R22,1 billion policy priority reserve that is yet unallocated. In accordance with our strategic objectives, we would target this funding towards infrastructure maintenance, skills development, library services, personal primary health care, economic infrastructure delivery and telecommunications. Provincial own receipts are projected to increase from R1,8 billion in the adjusted budget to R1,9 billion in the 2011-12 financial year. This growth is largely supported by donations from the Global Fund for HIV and Aids interventions, and is predicted to continue throughout the Medium Term Expenditure Framework. The overall fiscal envelope remains tight with limited room for the expansion of current services and, as indicated above, every emphasis is being placed on doing more with less. Mr Speaker, the Provincial Adjusted Estimates for the 2011-12 financial year, through the tabling of the Western Cape Adjustments Appropriation Bill in 2010, the Executive seeks parliamentary approval for its revised spending plans for the current financial year. This year’s adjusted budget proposes an additional R1,2 billion spending for the 2010-11 financial year. Much of this relates to technical adjustments to the main budget in order to achieve fiscal stability over the current MTEF period. The main additions proposed include the following:

R313,5 million to cover higher than anticipated wage settlement costs in provincial departments;

R71,4 million for the Occupation Specific Dispensation for the health sector;

R134,6 million for technical adjustments to national conditional grants, which includes R83 million for the devolution of property rates grant and R50 million for the Agricultural Disaster Management Grant applicable to the Eden district drought;

2980 THURSDAY, 25 NOVEMBER 2010

R384,3 million related to unspent conditional grants of2009-10, of which R186,5 million relates to the Transport Disaster Management Grant;

R120,7 million for the departmental own revenue increases in 2010-11 own receipts;

R13,9 million in roll-overs arising from commitments related to unspent balances in the 2009-10 financial year and R64,6 million in revenue retention of 2009-10 for over-recovered revenue; and

a net amount of R65,6 million in additional funds from the Provincial Revenue Fund for technical adjustments, which includes shifts away from Votes for deferred commitments and reallocation in the 2011 MTEF period.

The 2010 Adjusted Budget includes the funding for the functions of Human Resources – excluding the Department of Education and Health – Internal Audit and Risk Management, which have been centralised in the Corporate Services Centre under the Department of the Premier. The Bill amends the Western Cape Appropriation Act of 2010, by the deletion of all housing-related municipal allocations, enabling the province to revise municipal housing allocations after the tabling of the adjusted budget. Resources can thus, after the Adjusted Budget, be shifted from non-performing housing projects in certain municipalities to better performing projects, which may be located in other municipalities.[Interjections.] Mr Speaker, what I have presented here today was developed after careful consideration of the major issues that our citizens face, weighed against the pressures on our fiscus and our determination to govern for results.[Interjections.]We have focused on value added activities, and have used well-researched evidence to support our policy choices.[Interjections.] †The SPEAKER: Order, members! There should please be no running commentary. I would appreciate that from the members. †The MINISTER: Thank you, Mr Speaker. In all our deliberations, we discarded the old in favour of a “think big” approach to addressing the outcomes we wish to achieve, specifically the creation of jobs. If hosting this year’s Fifa World Cup has taught us anything, it is that we can achieve far beyond our expectation, if only we put our minds to it and work together. Mr Speaker, I would like to thank the Premier and my colleagues in the Provincial Cabinet, as well as the Heads of Department and their staff, for their assistance in crafting this Medium Term Budget Policy Statement and the 2010/11 Adjusted Estimates. I wish to thank Dr JC Stegmann and his dedicated team in the Provincial Treasury for their very hard work. Under his leadership, I am pleased to see that the departments within the Western Cape are moving away from operating in silos and beginning to work together, and each towards a Level 3+ audit outcome.

THURSDAY, 25 NOVEMBER 2010 2981 I must also specially thank the Red Flag team for making our outstanding audit results possible, and encourage them to make further improvements by the time Mr Nombembe visits us again next year. Through our combined efforts, we are sure to see positive change over the next three years. Mr Speaker, it is with pleasure that I table the 2010 Adjustments Appropriation Bill, the Adjusted Estimates of Provincial Expenditure for 2010, the Provincial Gazette for the Adjustments to Local Government Allocations, the Provincial Economic Review and Outlook 2010, the province’s 2011-2014 Medium Term Budget Policy Statement and my speech for discussion and consideration by theHouse.[Applause.] Bill read a first time. The introductory speech, the Bill and all the papers tabled is referred to the relevant committees for consideration and report. †The SPEAKER: Order! Members are invited to the lounge for lunch and at 14:00 there will a presentation by the Provincial Treasury. The House adjourned at 12:47.

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ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS FRIDAY, 26 NOVEMBER 2010

COMMITTEE REPORTS The Speaker: 1. Report of Standing Committee on Agriculture and Environmental Planning on

the Western Cape Health Care Waste Management Amendment Bill [B3-2010],dated 26 October 2010.

2. The Standing Committee on Agriculture and Environmental Planning, having considered the subject of the Western Cape Health Care Waste Management Amendment Bill [B3-2010]referred to it, begs to report the Bill with amendments ([B 3A-2010] and [B 3B-2010]).

3. Report of Standing Committee on Finance, Economic Development and 2010

World Cup on the Western Cape Procurement (Business Interests of Employees) Bill [B 7-2010],dated 17 November 2010, as follows:

The Standing Committee on Finance, Economic Development and 2010 World Cup, having considered the subject of the Western Cape Procurement (Business Interests of Employees) Bill [B 7-2010]referred to it, begs to report the Bill without amendment.

4. Report of Standing Committee on Education, Cultural Affairs and Sport on the

Western Cape Provincial School Education Amendment Bill [B 8-2010], dated 24 November 2010, as follows:

2982 THURSDAY, 25 NOVEMBER 2010

The Standing Committee on Education, Cultural Affairs and Sport, having considered the subject of the Western Cape Provincial School Education Amendment Bill [B 8-2010] referred to it, begs to report the Bill with amendments ([B 8A-2010] and [B 8B-2010]). Minority view:

A minority view not to support clauses 24 and 26 was expressed by Ms C F Beerwinkel (ANC).

MONDAY, 29 NOVEMBER 2010 COMMITTEE REPORT The Speaker: *Report of the Standing Committee on Agriculture and Environmental Planning and the Standing Committee on Governance on the study visit to Brazil, dated 9 November 2010 (SC on Governance) and 26 November 2010 (SC on Agriculture and Environmental Planning). The Standing Committee on Agriculture and Environmental Planning and the Standing Committee on Governance, having undertaken a study visit to Brazil from 14 to 24 May 2010, beg to report as follows: 1. INTRODUCTION

South Africa and Brazil are part of the IBSA group, i.e. India, Brazil and South Africa – three of the biggest emerging economies in the Third World. The Committees decided to visit Brazil because it had the same developmental challenges as South Africa, and Members wanted to learn from, and share experiences with, various role players and stakeholders in Brazil in the areas of governance, housing, disaster relief, environment, agriculture, land reform and parliamentary oversight. 2. 3. THE DELEGATION

The delegation consisted of Mr MC Walters (DA), Mr JJ Visser (DA), Mr EJ von Brandis (DA), Mr EH Eloff (DA), Ms E Prins (ANC), Ms CF Beerwinkel (ANC), Ms AJ van Zyl (COPE) and Mr G Campher, Committee Co-ordinator. 4. PROGRAMME

The delegation met with role players in the Chamber of Deputies, agriculture and the local and provincial spheres of government. The Committees also met with the South African ambassador and the Consul-General. Sunday, 16 May 2010 – Brasilia Visit to Taguatinga (settlement town)

THURSDAY, 25 NOVEMBER 2010 2983 Monday, 17 May 2010 – Brasilia Department of International Relations (Office of the Presidency)

Ms Anna Morena - Adviser: Political Affairs

Mr AB Pixoto – Institutional Relations Secretariat EMBRAPA –Empresa Brasileira de Pesquisa Agropecuária (Brazilian Agricultural Research Corporation)

Dr JGE de Franca, Executive Director: EMBRAPA

Mr PC Duarte, Secretary for International Relations: EMBRAPA Tuesday, 18 May 2010 – Brasilia Office of the Legislative Counsel, Chamber of Deputies

Mr RJP Rodrigues, Director

Mr M Schneider, Legislative Advisor Chamber of Deputies

Deputy W Lima, President of the Chamber

Deputy B Domingos, Member of the Chamber

Mr CA Vieira, Protocol Coordinator Dinner with Mr B Sifingo, Ambassador (South African Embassy) Wednesday, 19 May 2010 – Londrina IAPAR –Instituto Agronômico do Paraná (Agriculture Institute of Parana)

Mr AG de Araújo, Researcher: Agriculture

Dr R Fuentes, Researcher: No-till Agriculture

Dr A Calegari, Researcher – Soil

Dr T Pellini, Joint Scientific Director

Visit to a small-scale farm (family farm)

Thursday, 20 May 2010 – Londrina EMATER (Emprasa de Assistência Técnica e Extensão Rural – Agriculture Extension Service) Visit to a small-scale farm (Farmers’ association) Friday, 21 May 2010 - São Paulo Civil Defence of the City of São Paulo

Mr JP de Lima, Coordinator-General São Paulo Housing Agency

Ms VS Kubrusky, Senior Technical Adviser (Sāo Paulo Housing Secretariat)

Ms NC da Silva, Director: Habi 2 (São Paulo Housing Secretariat)

2984 THURSDAY, 25 NOVEMBER 2010 Courtesy visit to Mr Y Omar, Consul-General (South African Consulate) Secretariat for International Relations of the City of São Paulo

Mr GF Mattar, Deputy Secretary

Mr JP Paixão, Coordinator Saturday, 22 May 2010 - São Paulo Visit to the municipal market

5. BRASILIA 4.1 Orientation in Brasilia: Department of Political Affairs in the Presidency Brasilia is unique in that it was brought into being under the energetic leadership of President Juscelino Kubitchek, who espoused the ideal of an inland capital, which could be laid out in an ideal environment. The architecture of Oscar Niemeyer and the network of roads, parks, lakes and city sectors for hotels, government departments, the legislature, banks, shops, etc. are impressive. It was conceptualised and created during the 1950s and incorporated a perception of the need to provide for the long-term needs of the country and population. At first glance the city provides an image of effective governance and prosperity. However, visiting the satellite town of Taguatinga demonstrated that areas of pov-erty exist where inferior housing, lack of care for environmental issues and containment of pollution of watercourses still require attention. 4.1.1 Federalism The political affairs section in the Presidency was established in 2003 to deal with conflict resolution between the different states at the one level and the states and local authorities at another level. This section only deals with policy implementation and not with policy formulation. Brazil is a federal state with 5 564 municipalities, 26 states, one federal district and about 198 million citizens. Federalism allows for different tax regimes in the states, so that a specific state will provide tax-breaks to attract or keep certain industries in its territory. The formula to distribute the federal tax to the different states and local authorities is established by the Federal Office of Accountability and takes into account – (a) per capita income; (b) level of development; (c) special projects; and (d) infrastructure grants.

For example, the State of São Paulo, that contributes 34% to Brazil’s general domestic product (GDP), would receive little funding through the division of the federal revenue, because it has the capacity to generate its own funds. 4.1.2 Urban development Brazil has many regulations to protect the environment, which lead to intense conflict between the development lobby and the conservation lobby. In the urban areas people are not so concerned about conservation and want the farmers to conserve the natural environment and to pay for it.

THURSDAY, 25 NOVEMBER 2010 2985 The capital, Brasilia, was purposely built as a modern city and has many open spaces, unlike Rio de Janeiro and São Paulo that are two organic coastal cities that developed naturally as their populations grew and their open spaces shrunk. In the last 50 years Brazil went from 80% rural to 80% urban. Brasilia was planned for 200 000 in the 1950s, but today it has about 2,6 million people. The City of São Paulo, on the other hand, has about 18 million people. 4.2 EMBRAPA EMBRAPA stands for Empresa Brasileira de Pesquisa Agropecuária, Portuguese for ‘Brazilian Agricultural Research Corporation’. It is the equivalent of South Africa’s Agricultural Research Council (ARC). From the outset it was obvious that the Brazilian government placed a very high priority on support for agricultural research as a driver of economic development. In the 1960s Brazil was part of the Unites States’ food programme when food was imported, because it did not produce enough for its own citizens. In 1973 EMBRAPA was established to address the food security challenge of Brazil through research. In that year only forty of EMBRAPA’s staff had doctorates. In 2009 there were 2 400 scientists, of whom 1 700 had doctorates. In 2010 it was expanding by 1 200 new employees, of whom 700 were young scientists, most with doctorates. Their annual budget was now US $1 billion. This is in stark contrast to its South African equivalent, the ARC, which has shown a real decrease in capacity since 1997. Science and technology in agriculture have also played a major role in Brazil’s bio-fuels programme where 27 million automobiles consume more ethanol than petroleum. The ethanol is derived from 700 million tons of sugarcane. Research has increased the ethanol yield from 50 litres to 95 litres per ton of sugar. Biodiesel is also receiving attention. Food security is not threatened, because even though bio-fuel production has increased, food production has also increased. Brazil also produces 147 million tons of grain. However, 50% of the wheat requirement is imported, making this a research priority. EMBRAPA has 35 researchers working on rhizobium inoculants for legume crops, which is a source of nitrogen in lieu of oil-based fertilizers. The similar facility of South Africa’s ARC is barely functional, while the need in commercial and small farming is great. From 2008 to 2010 the federal government allocated $260 million to EMBRAPA to improve salaries and to attract young scientists and employees. The government does not view the allocation as expenditure, but as an investment, because research is important to support the critically important agricultural sector. The aim is to make all farms economical units that can be sustained profitably through the use of technology and information. There is a strong link between EMBRAPA, the universities and various donor organisations that make subsidies and scholarships available to students in the fields of research and science. EMBRAPA is not involved in the education of school teachers per se, because it is 100% involved in the research field. However, it does provide inputs on the quality of teaching at universities. Brazil produces 11 500 new doctors each year, half of whom complete their degrees in agrarian science.

2986 THURSDAY, 25 NOVEMBER 2010 EMBRAPA has a strong relationship with agriculture associates and social movements, private researchers and development agencies. It deals with 5,4 million farms, 3 million of which are smaller than 10 hectares. This indicates that small-scale farming plays an important role in the economy of Brazil and that research can assist them to farm profitably. The produce that are the focus of EMBRAPA’s research are cassava, beans and maize, i.e. agricultural products used mostly by the people who are poor and marginalised. EMBRAPA maintains wide-ranging international relations. Progress in biotechnology has led to agreements that substantially bolster the budget. Bilateral relationships form the basis for most technology transfer undertakings. At present they would like to widen relationships with the ARC, but talks are still ongoing. An area of research which could be significant for South Africa is that on soil acidity and phosphorus deficiency in the State of Matto Grosso, which could provide guidelines for similar problems in South Africa. Nine hundred young students from EMBRAPA are currently in local and overseas universities. At present the Federal President supports 250 doctorate and 250 postgraduate scholarships. A university, financed by Brazil, has been created to accommodate Portuguese speaking students from Africa. Scholarships are not utilised by South Africa. In Brazil agricultural science is popular as a profession with 2 500 of 11 500 new doctoral graduates coming from agriculture. While EMBRAPA research inputs in all fields from cutting-edge biotechnology to production modelling and new crops and production technology underpins agriculture, the Brazilian government has come to the conclusion that this is not enough. Seventeen states now have agricultural research institutes with extension services, with national government to invest US$130 million in state infrastructure. In addressing rural poverty, EMBRAPA invests in state support social programmes which affect 5 400 000 farms, of which 500 000 are large and 3 500 000 very small. Integration of science and technology into their lives is essential, e.g. breeding of high temperature and drought resistant maize cultivars have raised small farm yields by 40 percent. 4.3 Chamber of Deputies

4.3.1 Office of the Legislative Council The delegation was received by Mr R Rodriques, director of the legislative consulting division, supported by Dr M Schneider. The division provides non-partisan specialist policy support to Members and the 20 chamber committees. There are 250 policy staffers executing 20 tasks each per year. They execute five types of assignments, i.e. drafting legislation, drafting committee reports, research for members, drafting policy-related speeches and on-site support. Researchers are recruited by competitive examination. In addition, administrative support is provided by about 200 staff members. Brazil has a presidential system whereby the President appoints the cabinet from people outside of the Chamber, as opposed to the parliamentary system we have in South Africa. Oversight appears to pose problems. Congress does not oversee budgetary issues. The executive is in control and originates 80% of laws, but congressional legislative support is required. The executive branch is elected on a separate ticket. A separate accounts tribunal oversees the executive’s use of money. Oversight by congress is through investigative committees, with approximately five meetings per year.

THURSDAY, 25 NOVEMBER 2010 2987 Bills go to the relevant chamber committees and then to the house for voting and then to the President for assent. Public participation takes place by way of audiences with committees, with meetings organised all over Brazil - as many as sixty depending on the nature of the legislation. Where legislation affects more than one subject, special combined committees are utilised. Private bills can be introduced but require 1,2 million signatures from at least five states. A Participative Legislative Committee is in place to stimulate committees to initiate legislative processes. Proposals by communities go to designated committees and, if they have merit, enter the normal legislative process. While many parallels with local processes exist, differences such as private bills being initiated elsewhere, the comprehensive consultative support staff of subject experts and the separation of members and presidential executive branches are obvious differences. 4.3.2 Legislature Chamber of Federal District The federal district houses the capital, Brasilia, and has a similar status to that of an individual state with its own legislature. The delegation was received by Mr CA Vieira and conducted to the office of the President of the Chambers, Deputy Wilson Lema. An overview was presented of the development of Brasilia as an integrated city in which the original ground plan made spatial allowance for all the aspects of government functioning, community housing and optimum transport infrastructure. The delegation then visited the legislature chamber where a plenary session was in progress. At the request of the Speaker Mr Walters addressed the Chamber, conveying greetings. 6. PARANA

5.1 IAPAR IAPAR stands for Instituto Agronômico do Paraná, i.e .‘Agronomic Institute of Parana’. The main objective of the visit to IAPAR was to familiarise the delegation with no-till farming practices, basic requirements for modern sustainable crop production and services to small-scale producers. The Institute is located in Londrina and was established in 1972 to provide scientific and technological knowledge for the sustainable development of agriculture in the State of Parana. The Institute aims to develop technologies of high social value and interest with direct benefit to farmers and consumers by increasing the yields, reducing the input and production costs, decreasing environmental damage and improving the quality of the agricultural products. The delegation was received by Mr AG de Araujo, Head, and Mr R Fuentes, co-ordinator of the no-till team. The team consists of 35 researcher specialists in the fields of agronomy, engineering and socio-economics.

2988 THURSDAY, 25 NOVEMBER 2010 Ninety percent of farmers are family farmers. The Bank of Land helps marginalised aspirant farmers to acquire land, while training and guidance are provided by IAPAR and its associated body EMATER. Housing policies in Parana focus on shanty towns in the urban environment, while loans at low interest rates are available to those needing access to housing. In rural areas there is no formal support, because of concerns of unsanitary conditions, pollution and cost of provision of potable water. On large farms the justice department monitors problems and workers can be compensated where they lose accommodation. Rural labour is less protected with respect to accommodation than urban dwellers. Those who retire receive only a pension – accommodation is seen as a private matter. The services provided to agriculture in the fields of biological control, agricultural zoning, resistance breeding, soil surveys, analytical services, erosion prevention, monitoring of climate change and quality testing of seed, etc., are comprehensive across Parana. Close collaboration with other organisations is the rule as in the case of frost warning for coffee where six organisations are involved. Dr A Calegari, leader of no-till research, gave an impressive lecture on the development of no-till technology since 1974 to the present where Brazil is the world leader in the field. At present 27 million hectares are under no-till regimes in Brazil. The no-till regime eliminates soil disturbance, embraces direct seeding of crops and conserves organic residues on the surface. This prevents moisture loss and erosion, reduces rainfall runoff and improves soil tilth and health through the action of earthworms and natural interaction between soil arthropods and micro-organisms. This agricultural method finds wide application. He emphasised the need for multicrop options for rotations and the use of cover crops of which there are 150 varieties. Rhizobium inoculants were essential for all legume crops (soya, vetch, lucerne, etc.). The work of IAPAR on the use of mycorrhizas on various crops to help in making phosphorus available to crops was also mentioned. Dr Calegari will be visiting Kwazulu-Natal during September at the invitation of a no-till group of commercial farmers, but will not be able to visit the Western Cape. It is hoped, however, that researchers of the Western Cape Department of Agriculture will still avail themselves of the opportunity to familiarise themselves with Brazilian expertise in this field. 5.2 EMATER EMATER, which is Emprasa de Assistência Técnica e Extensão Rural in Portuguese, i.e. ‘Agriculture Extension Service’, was established in 1956 as a public institution of the State of Parana to provide extension services to small-scale farmers. It is based on the American extension services model of the 1960s. The agricultural land used in the state represents about 25% of all Brazil’s agricultural land. This necessitates the location of one EMATER office in each of the 399 municipalities to service the 24 000 small-scale farmers in the state. The extension services provided are in various forms - social, dealing with people and resources, as well as technical and financial. For example, the farmers received assistance from EMATER to plan the type of crops that should be planted. The scheme works because the farmers take ownership of the farming practice.

THURSDAY, 25 NOVEMBER 2010 2989 The farmers in Parana farm with cassava, yams, sweet potatoes, beetroot, cabbage, ginger, chu-chu, tobacco and oranges. The producers have to find their own markets and also deliver the produce to these markets. 5.3 Visit to small farms serviced by IAPAR and EMATER Regular meetings are held with farmers’ associations and collective enterprises through offices in 294 municipalities. IAPAR has reference farms which provide guidelines for technological development at farm level. EMATER assists with business plans and accessing finance. The delegation visited small farms of less than 50 ha driven by single owners. No-till with crop rotations of wheat, soya, maize and cover crop was evident, with permanent crops, mainly coffee, present. The farmer was independent, well-trained and responsible for the maintenance of his own tractors and equipment. In his field crop areas, organic material from the previous crop was evident on the soil surface, preventing erosion and promoting soil heath. A visit was also undertaken to a community of micro-farmers (farmers with 7 ha each). Forty-two farmers were concerned. The group of prospective farmers came together, formed an association which identified the area they desired. The Bank of Land, a financing institution dealing with this type of reform, bought the area of 285 hectares. EMATER did the planning. Each participant concluded an individual loan agreement, payable over 20 years at a favourable interest rate with a first year of grace. The EMATER officials were adamant that this was the only way to guarantee success. Where land was merely given, recipients soon lost interest. Products are produced to repay loans. Growth in production and assets has been good over a period of ten years. At first one tractor was available, now 20 financed by cash or loans are in use. Irrigation systems have grown from 5% to 50%. The community has comfortable houses and is clearly prosperous. This resulted from good extension support and co-operation, a sense of ownership and support from the municipality. This type of development clearly has strong political acceptance as the local deputy for Londrina and municipal officials were present during the visit. The cohesion between members of the community and their pride in their undertakings were evident in the way in which they vied with each other to show their products and dwellings to the delegation. 7. SÃO PAULO

6.1 Municipal Civil Defence Organisation (DEFESA Civil) The delegation was received by Colonel J P da Lima at the DEFESA Civil headquarters. Civil Defence can be described as state intervention that aims to – (a) assist in and restore disaster areas to its normal state; (b) avoid and minimise damages and risks, and (c) maintain the morale of the people at risk. In the 1950s the City of São Paulo had to deal with flooding in which 500 people died and fires in which about 200 people died. Legislation was then enacted to create the Civil Defence.

2990 THURSDAY, 25 NOVEMBER 2010 It deals with floods, landslides, fires and infrastructure accidents, like collapsed bridges or buildings. There is a call centre which is available at all hours to mobilise the Civil Defence and other relevant departments, like the fire brigade. In order to increase the resilience of communities, they also empower through appropriate training, like the prevention of fires, quick reaction to disasters and first aid. Of the 11,5 million people living in the municipal area of São Paulo, 2 million live in what DEFESA Civil classify as ‘risky areas’. The service of a geologist was employed in identifying such areas and devising ways of reducing risks. The relationship between intensity of rainfall, duration and substrate nature has been quantified in order to identify impending landslides and the need for the evacuation of people in danger. In the case of floods and the accompanying landslides, a common occurrence in an area of high rainfall, a comprehensive early warning system is in place. Nongovernmental community organisations, known as NUDECs, are provided with ingenious rain gauges and form a network throughout vulnerable areas. They are all tied into the call centre. When heavy rain occurs, a constant flow of information to the call centre allows early identification of areas of potential landslides and flooding. Timeous evacuation of people from such areas is undertaken with relocation to temporary accommodation and emergency food provision. People and traffic are redirected away from areas of threatened flooding. 6.2 São Paulo’s Division of International Relations The delegation was received by Mr GF Mattar, Deputy Secretary, and Mr JP Paixao, Co-ordinator. São Paulo is the third largest city in the world and the largest in Brazil. It aspires to become a global city, but owing to years of neglect now has to address a great backlog in infrastructure. Mass transport is a major issue with a population of 11 million in the central city and over 20 million if its peripheral urban areas are included. The metro system is 40 years old and only 68 km long when it was managed by the State of São Paulo. The city has now assumed responsibility and is expanding the metro to 150 km while a long-delayed ring road is being constructed to smooth traffic congestion and facilitate commercial transport through and around the city. São Paulo generates 34% of Brazil’s GDP and is therefore able to embark on extensive development projects. The aspects receiving extensive attention from the City are –

Expansion of private-public partnership (PPP) contracts, including international capital;

Development of regulations to manage major PPP contracts;

Development of regulations to manage regional and local government interactions;

Waste management - investigating the use of landfills for gas production and waste management by private tender;

Planning and regulation of building, aimed at confining housing to less vulnerable areas away from watercourses;

Vulnerability to fire and flood damage and loss of life and property resulting from the unregulated expansion of informal townships;

Education and health as prerequisites for development; and

THURSDAY, 25 NOVEMBER 2010 2991

Identifying attractive investment opportunities such as offshore oil exploration and stimulate and attract foreign investment.

6.3 Municipality’s Planning and Community Housing Division The delegation was received by Ms L Cabretti, Division Head, and Ms M Malete, responsible for social co-ordination. The Division was responsible for the upgrading of precarious informal settlements. With the State of São Paulo responsible for nearly 40% of national GDP, it attracts much in-migration. The state contains 20% of the entire Brazilian population with the metropolitan area of 79 km containing 20 million people and producing 50% of the state’s GDP. A total of 3 340 000 people live in precarious informal settlements or favelas, prone to landslides, flooding and fires. People removed from critical areas are housed in rejuvenated downtown buildings and new buildings built in safer areas for high density accommodation. People pay a minimum rent, with housing highly subsidised. The city is concentrating on high density housing and is utilising city renewal in decayed areas as a vehicle for this. Social workers are heavily involved in supporting people to be moved. Various criteria, like family size, are employed to select people on waiting lists to be moved to renovated downtown buildings. The delegation was later addressed by Ms V S Kabrusky, Senior Technical Advisor to the Housing Secretariat, assisted by Ms N C da Silva, Head of the Secretariat. Housing is a municipal competency, even though funding could be provided by the state and federal government. The city identifies the housing projects and selects the beneficiaries. Poor families can rent municipal housing, while those better off can buy the houses with subsidies. The National Housing Bank assists the city with the legal aspects of the transfers of the new houses. It prepares the contracts for the city which are signed, on behalf of the city, by the mayor with the private developer. There are federal, state and municipal regulations and laws that govern developments, e.g. height restrictions, safety, etc, as well as the municipality’s strategic development framework (SDF). The different programmes are evaluated and recommendations are made to improve service delivery. When citizens have complaints about service delivery at municipal level, they have to complain to the municipality, in the absence of an ombudsman.

In the City of São Paulo the land is expensive, which necessitates the efficient use of this scarce commodity. As such, most of the housing developments are four-storey buildings to accommodate as many people as possible. The long waiting list for housing, as well as the slums, presents a challenge. The waiting list is divided into income groups, because income will determine which type of development the applicants will qualify for. The City of São Paulo’s housing programme is based on sustainability and justice with the focus on the poor and marginalised people.

2992 THURSDAY, 25 NOVEMBER 2010 The programme is designed around the social and financial needs of the people and the Housing Division will then establish a partnership with any other relevant department, e.g. Education, if the children in the family have any educational problems. The Housing Department uses a whole range of literature, e.g. pamphlets and posters, to spread the message.

These visits should be co-ordinated, because many are duplications 6.4 Consul-General During a courtesy visit to the Consul-General, Mr Y Omar, he informed the delegation of the many visits to Brazil from various South African government agencies, departments, legislatures, private sector, parastatals, etc. This placed the understaffed consulate under severe strain to provide a service to these groups. This frustrates the Brazilian hosts, who were not able to meet the needs of the visiting groups. The Consul-General suggested that a ‘clearing house’ should be established at national level in Pretoria at the Office of the Presidency or the Ministry of International Co-operation to co-ordinate these visits, many of which are duplications. 6.5 Visit to Mercado municipal fresh food market The visit to the São Paulo municipal market was most illuminating. Housed in a dignified Victorian building, centrally situated in the city, this covered market of approximately 20 000 m² is a hive of economic activity based on small trader businesses. Small shops, some 20-30 m² in size, were arranged along 4 m wide corridors in a very clean environment. Shops specialising in particular product types were grouped in particular areas. The quality and presentation of products were excellent and these varied from fresh meats, preserved meats, tropical and temperate fruit, vegetables, dried fruits, small eating places, etc. The delegation was very impressed by the opportunity presented to small entrepreneurs to be concentrated in an area readily accessible to the consumer community. The possibility of duplicating this in the Cape Town metro in buildings such as the Good Hope Centre immediately sprang to mind. 8. RECOMMENDATIONS

That – (a) zero-tillage or reduced tillage farming systems compatible with local natural

resources be advocated and supported by the national and provincial departments of Agriculture in South Africa in general and in the Western Cape in particular;

(b) small-scale farmers have access to low-interest loans to buy agricultural machines and equipment;

(c) serious consideration be given to the land reform approach followed in the State of Paraná where members of committed groups are provided with soft loans to purchase land, thus providing greater incentive to farm productively to repay the loan and gain full unencumbered ownership of the farm;

(d) the provincial Department of Agriculture do research on adapting the no-till farming system to the Western Cape climate and crop rotation systems;

THURSDAY, 25 NOVEMBER 2010 2993 (e) a copy of this report be supplied to the City of Cape Town with a view to their

encouragement to undertake further development of initiatives similar to the Mercado Municipal in São Paulo to create greater opportunities for small-scale retailers;

(f) greater attention be given to the pursuit of greater budgetary support and the enhancement of agricultural research through better integration of research organisations in the Western Cape;

(g) while the Western Cape has little potential to produce bio-fuel and the success of Brazil indicates that national government should be encouraged to invest in this field, especially in those areas of South Africa where under-utilised resources are available, the Western Cape invest in other forms of renewable energy to break the current dependency on fossil fuels;

(h) the provision of non-partisan policy development specialists to members of national and provincial legislatures be investigated;

(i) greater consideration be given by local government to the identification of disaster-prone areas and methodology to facilitate rapid reaction and amelioration of disaster effects;

(j) greater consideration be given by local government to the involvement of communities and community organisations in the establishment of disaster early warning systems; and

(k) consideration be given to a ‘clearing house’ in Pretoria to better co-ordinate the official visits to Brazil and improve support by Foreign Affairs personnel.

9. ACKNOWLEDGEMENTS The delegation wishes to express its thanks to the Speaker and Parliament for permission to undertake this highly interesting visit. The contribution of Mr Matthew Parks, who interacted with the South African Embassy in Brasilia and the Consulate in São Paulo, was considerable. Mr Gabriel Campher, Co-ordinator, also impressed and contributed to the success of the mission. We also wish to thank the South African Ambassador in Brasilia, Mr B Sifingo, for his support and hospitality and Mr Y Omar, Consul-General in São Paulo, and his staff, who facilitated our visit to that city.

2994 TUESDAY, 30 NOVEMBER 2010

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 14:15. The Deputy Speaker took the Chair and read the prayer.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS–see p

STATEMENT †The DEPUTY SPEAKER: Order! Hon Ncedana has requested to be permitted to make a statement in terms of Standing Rule 63(1). I now afford him the opportunity. Mnu M NCEDANA (COPE): Enkosi Sekela-Somlomo, ndandicele ukuba ndenze ingcaciso malunga nentetha eyayenziwe nguMphathiswa Madikizela, kuba zange ndathi abantu bako DR bonke ngabaphuli-mthetho. Ndathi kukho izigilamkhuba ezingabakhona phaya kodwa loo nto ayithethi into yokuba uRhulumente lo wePhondo makangawenzi umsebenzi wakhe, ngoba noba kukho izigilamkhuba nokokubana kukho amaqela ezoplotiko asebenzisa lantlungu ipha koDR yinto uRhulumente ekufuneka eyisombulule ekugqibeleni. Ezinye zezinto endandizithetha apha ke Somlomo zizinto endandizicaphula kwintlanganiso endandinayo kunye noSodolophu weSixeko seKapa sixoxa ngokufumana isi sombululo kulangxaki yako DR bendifuna ukucacisa lonto. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA (COPE): Thank you, Mr Deputy Speaker. I ask to explain about the comments made by the hon Minister Madikizela, because I did not say that all people from the DR are criminals. I said criminal elements might be there but that does not mean that this Provincial Government should not do its work, because even if there are criminal elements and political parties which are using that pain at the DR this government should resolve that issue. Speaker, some of the things I said here are things I was quoting from the meeting I had with the Mayor of the City of Cape Town about finding a solution for that problem in the DR section and that is what I wanted to explain.] So it was never about cheap political point-scoring. ICope ayiyenzi lonto. [Cope does not do that.] †Mr M OZINSKY: Mr Deputy Speaker, on a point of order: I would like to understand why that statement was made in the House because it doesn’t relate to any matter that was raised in the House. A statement must relate to what happens in the House and it is your responsibility to check the statement before it is read in the House to make sure it does that. It’s not a space for propaganda attacks on others. [Interjections.] †The DEPUTY SPEAKER: Order! I’ve noted your concern, hon Ozinsky. [Interjections.] The statement has already been made. Through the Programme Authority MD I’ve received the programme, showing that the hon Ncedana will then deal with the statement.

TUESDAY, 30 NOVEMBER 2010 2995

BUSINESS OF HOUSE

(Motion) †The CHIEF WHIP: Mr Deputy Speaker, I move:

That notwithstanding Rule 175, precedence be given to the Subject for Discussion.

Agreed to. *The CHIEF WHIP: Mr Deputy Speaker, I move: That in terms of section 6(3)(b) of the Remuneration ofPublic Office Bearers

Act, 1998 (Act 20 of 1998), the upper limits of the salary and allowances of the Premier be determined as proclaimed by the President of the Republic of South Africa in Government Gazette 33797 of 23 November 2010.

†Mr M OZINSKY: Sorry, Mr Deputy Speaker, on a point of order: We’ve just agreed that precedence will be given to the subject for discussion, so the next item on the Order Paper must be the subject for discussion. We can’t go on to the motion. It’s completely irregular and the Chief Whip should know this. [Interjections.] The DEPUTY SPEAKER: Order! Mr M OZINSKY: The House has agreed that precedence be given to the subject for discussion. That means the very next item is the subject for discussion. Now you’ve allowed the motions to start. So I recommend we go on to the subject for discussion and you allow the motion when it comes on the Order Paper. The DEPUTY SPEAKER: Order! Mr M OZINSKY: I recommend we go into the subject for discussion and you allow the motion when it comes on the Order Paper. †The DEPUTY SPEAKER: Order! I think we agreed that there was no objection to the first motion that was moved by the Chief Whip. Now the Chief Whip must deal with the second motion. †Mr M OZINSKY: No, no, no. [Interjections.] †The CHIEF WHIP: Mr Deputy Speaker, I agree with hon Ozinsky that we continue with the debate. Then, if necessary, I’ll have to read the motion about the Premier’s remuneration again. †Mr M OZINSKY: This is absolutely shocking. †The CHIEF WHIP: After the debate. [Interjections.]

2996 TUESDAY, 30 NOVEMBER 2010

SIXTEEN DAYS OF ACTIVISM FOR NO VIOLENCE AGAINST WOMEN AND CHILDREN AND INTERNATIONAL AIDS DAY

(Subject for discussion)

†The MINISTER OF COMMUNITY SAFETY: Mr Deputy Speaker, 2 457 women were murdered last year in our country. Also, 15% more children were murdered over the same period compared to the previous year; 174 sexual crimes, on average, were committed against women and children every day last year; 156 000 cases of assault against women were reported in 2009; and 27 000 children fell victim to assault. It is clear that violence against women and children is a cause for great concern in our country and in our province. Mr Deputy Speaker, this horrific violence against women and children cannot be allowed, to continue in this way. Our vision of the open opportunity society is a vision of a society in which we are free from the web of fear that crime causes. Our vision of a safer society is one where we all share responsibility for the safety of our communities. Policing is an important aspect of the safety solution. However, the police force is only one element of that. We need, firstly, to eliminate the opportunities for these types of crimes, Mr Deputy Speaker. Secondly we must decrease the motivation to commit these crimes and lastly, we need longer-term economic development. As a department we are putting structures in place to give effect to this vision, where all of society is involved in keeping our communities safe. As Kofi Annan once said: In today’s world, the security of every one of us is linked to that of everyone else. As we support the 16 days of activism, we also need to look at practical and tangible ways to prevent violence against our province’s women and children. We will do this by ensuring effective oversight of our police stations, which is our constitutional mandate. I will be conducting oversight visits with my team and use available oversight mechanisms to ensure that victims receive the support that they deserve. I will be looking into the number of victim support rooms at police stations in this province and police compliance with the Domestic Violence Act to ensure that the police keep proper records of domestic violence incidents. Furthermore, I will be in contact with the newly appointed Provincial Police Commissioner, General Lamoer to ensure that all our officers are trained in responding to domestic violence at stations across the Western Cape. Oversight will also entail making sure that women who have been abused can be understood at our police stations, in all the languages. I will also be monitoring the implementation and bolstering of the Family Violence, Child Protection and Sexual Offences Unit under the capable command of Col Arrie. In this regard we welcome Gen Lamoer’s commitment to the reinforcement of these vital units. Another aspect that will need serious attention, Mr Deputy Speaker, is the abandonment of babies, which is a particular social problem in our province and country. This is a social ill and it creates a tremendous burden on the resources of the police. I believe that a transversal approach in this regard is needed and, along with other departments, we will stop babies from being abandoned.

TUESDAY, 30 NOVEMBER 2010 2997 Secondly, it is important that we ensure that interdicts are enforced. When a woman asks for the help of the authorities because she fears for her life, she should absolutely receive the support and the serious attention of the criminal justice system. Protection orders should also be enforced and there should be no tolerance for the contravention of these orders. [Interjections.] I’ll always remember the well-known international case of Fatma Yildirim v Austria. Fatma Yildirim was subjected to repeated death threats from her husband, who also threatened to kill her children. A protection order was issued and the police requested that her husband be detained. Yet the prosecutor refused twice, Mr Deputy Speaker. Fatma Yildirim was then murdered by her husband. In order to protect women like Fatma Yildirim, each department and authority must take the necessary care and action. There are countless women like Fatma Yildirim in our province and our country and we must ensure that they have access to help. Thirdly, we are conducting traffic roadblocks for maintenance defaulters in cooperation with the Departments of Justice, Constitutional Development and Social Development. The SAPS Provincial Traffic Law Enforcement has embarked on a pioneer project to hold absent fathers accountable for their children’s financial well-being. Roadblocks are being set up daily throughout the 16 days of activism in all parts of our province. Over and above that, the SAPS tracing team are searching for maintenance defaulters who are not caught at these roadblocks by going to various addresses at night. We have certainly seen some success in this regard and I can tell you, Mr Deputy Speaker, floods of phone calls are coming in from fathers who want to pay their maintenance. Mothers are often left to fend not only for the children’s emotional and other needs, but also for their financial needs, but fathers, just as much as mothers, are responsible for their children. This project is an attempt to hold these men responsible. We will also continue to support and bolster initiatives that teach the youth that there are other options to violence, such as the Chrysalis Academy and the Youth Safety Ambassador Camps. The Youth Safety Ambassador Camps identify youth from all over the province but mostly, and especially, from areas troubled by gang violence. Learners are taught skills with regard to personal safety and environmental safety, as well as community safety. Through this initiative we hope to create community safety ambassadors and teach the youth about alternatives to crime. Similarly, Chrysalis aims to develop and build youth at risk of violence and turn them into strong, positive community leaders by contributing to youth development through the formation of a social consciousness, values and attitude. The youth are able to achieve personal growth, Mr Deputy Speaker, through training programmes as well as acquiring skills through courses which range from tourism to welding. They are given skills which will assist with their economic, moral and spiritual empowerment. We must remember these were young people who fell through the cracks of our society.

2998 TUESDAY, 30 NOVEMBER 2010 In this way we hope to break the cycle of violence that touches so many of our young women and children. Research suggests that empowerment of women is directly related to the economic development of the nation. If we want to develop as a nation we have to treat our women with respect and dignity. When we treat our women with respect and dignity, we teach our children respect and dignity. These initiatives on our part will go beyond the 16 days of activism. I sincerely hope that by drawing attention to violence against women and children, our society will practice respect and take responsibility. I thank you, Mr Deputy Speaker. †Ms N P MAGWAZA: Mr Deputy Speaker, all forms of gender-based violence and abuse are unacceptable. We will fight all violence, inequality and the excesses of patriarchy. The annual drive to do this is now on. We are joining the international community in reducing the scourge by clearly saying no to violence against women and children. Here, in South Africa, we are also saying no to violence against our women and here in South Africa, also, against our children. Although the campaign to bring down this unacceptable behaviour is an ongoing concern around the clock and throughout the year, we set aside these 16 days to raise greater awareness and to take stock of our progress. Since South Africa joined this effort 11 years ago, more people have joined in and the reporting of crimes associated with this phenomenon has improved. It is indeed bearing fruit and more people have become aware of the problem. Mr Deputy Speaker, today I address you on behalf of the many women and children who can no longer speak out against this violence; those who died at the hands of the perpetrators. I want to dedicate my speech to slain tourist Anni Dewani and to the mutilated 16-year-old Lydia Hendricks, found recently barbarically killed in Du Noon with her one breast and tongue severed and a broken bottle in her private parts. There were also a number of highly published rape and sexual assault cases, some committed on school premises, in school clothes and even during school time. We, therefore, condemn the craze to record illegal underage sexual antics and also websites targeting learners, such as Oop Toilet. We weep for our sisters and girls who were killed, mutilated, violated and traumatised. This year, however, we are also including all our boys. This is a very important branching out of the awareness campaign. In general, there is still too much violence against our women and children we have to challenge these abuses. To change behaviour and to prevent the further escalation of these incidents, we call on all organisations and institutions of civil society to join in the fight against such violence. Let us observe this time; let us involve all people and communities; let us say this behaviour is unacceptable; let us work on programmes aimed at reducing any violence against women and children; and accelerate our efforts to create a society free from gender oppression and inequality. However, above all, let us all join hands to report every attack, every act of violence, every abuse, every misuse and every crime against women and children. Let us break the cycle, let us start afresh today and fight these atrocities with every fibre of our being to let the bullies know we are standing up to them.

TUESDAY, 30 NOVEMBER 2010 2999 We are obliged to report all cases, assist the police and social workers to investigate and to be available as witnesses in court to the increase convictions. We will not look away. We must act against the abuse. We will join hands with government in a holistic approach to resist and reduce the occurrence of these heinous crimes. We will also use the available government services to support survivors of sexual violence. We are grateful for a special Ministry for Women, Children and Persons with Disabilities. We demand that the victims of abuse be treated with dignity and respect. We want suspects to be apprehended in order to reduce any chances of further victimisation. We further demand proper health care services to be provided to the affected, such as the prevention of pregnancy and antiretroviral therapy and we demand counselling and other support. We should become involved in all and every possible effort. It is therefore a little strange that we see a very narrow campaign being run by the DA coalition that is mostly focusing on beating the maintenance drum. There are so many more issues around the 16 days of activism for no violence against women and children. We would also like to see more programmes affirming the good work done by fathers and brothers that sets a good example. We hail them for being real men, for being caring and nurturing and for looking after and looking out for their loved ones. They are the men that need to be elevated in contrast to the odd ones out. I’d like to take this opportunity to thank the ANC Women’s League and the Malibong we women for going into Khayelitsha, Philippi and Langa to go and look for cases where there are challenges for our government departments; we have seen a lot of challenges. Fortunately I was with the Premier. The Department of Social Development, the Department of Community Safety and the Department of Education need to join hands with all the other departments so that we can go out to the communities. It is not enough that we are talking about these things, but it is proper that we also go to the communities. I happened to have an opportunity to be among those women who were going from door-to-door. There are a lot of problems and challenges. I did say to the Premier that this was just the tip of the iceberg. These departments need to go out to the people. We need to go out to the people more often. There is a lot that we still need to do, in our province in particular. *Ms J A VAN ZYL: Mr Deputy Speaker, after 11 years the victims of domestic violence, rape, abuse and emotional abuse have to suffer yet another humiliation, that the national government is only now extending the campaign to 365 days. Was it merely another event celebrated internationally, or was the national government serious in its efforts to eradicate this evil? Rape, domestic violence, child neglect and emotional abuse have no address. They occur in every community. Are the laws that apply to children, domestic violence and sexual offenders supported by appropriate penalties that will deter offenders from committing these crimes? Definitely not! The alleged offenders are granted bail and are then at large again. Who is actually protected by these laws?

3000 TUESDAY, 30 NOVEMBER 2010 This year’s theme is: Don’t look away. There is the case of the woman who was tied naked to her bed and beaten for days by her drunken husband, who then raped his own daughters in front of this mother who had been beaten to a pulp. This woman dare not speak out; she fears for her own life. Neighbours and relatives dare not speak out, because they fear for their own or their children’s lives. In Paarl, Mr Deputy Speaker, we have the case of a little girl of three years who was raped by her uncle three weeks ago. The mother had just gone out to hang up washing, and the grandmother was in another room in the same house. The man is arrested in the house, is granted bail and returns to the same house. The grandmother tells the little girl to apologise to her uncle and to ask him not to hurt her again. Mr Deputy Speaker, wounds can heal but there is no cure for a young, broken spirit. As if these crimes are not shocking and horrific enough, we must also read in the papers of a little girl of four years who was turned away from the Wesfleur Hospital in Atlantis and the Red Cross Children’s Hospital after being raped by a 68-year-old relative. After two Ministers, hon Botha and hon Fritz, intervened, she was admitted to the Red Cross Children’s Hospital for treatment. Ministers Botha and Fritz both owe the people of this province an explanation – the truth and nothing less than the truth. No bail should be granted to offenders in cases of rape, family violence, molesting, child abuse, child neglect or child abandonment. A life sentence, in extreme cases without parole, or removal from the community for a minimum of 20 years and rehabilitation programmes must be imposed. For cases where persons were aware of these crimes in households and communities and did not report them to the police, social workers and stakeholder groups, the acts need to be revised so that these persons can also be charged. Apart from the physical injury and mental pain of rape and molestation, it is also possible that a victim can become HIV infected, in itself a death sentence, if steps are not taken and treatment given promptly. Mr Deputy Speaker, this is the result of the moral decay in our country, of our nation: There is no longer any respect. *Ms A J DU TOIT MARAIS: Mr Deputy Speaker, please allow me to welcome Councillor Barbara Ras in the gallery. She is a well-known activist for women’s rights. Year after year on 1 December we light symbolic candles and from 25 November to 10 December we go on marches and wave placards for 16 days for no violence against women and children. Symbolic actions are sometimes necessary, but if they are not backed up by real actions and follow-up actions, there will be no real impact on HIV/Aids and violence against women and children. Mr Deputy Speaker, the prevalence of gender-based violence remains a cause of concern.

TUESDAY, 30 NOVEMBER 2010 3001 Researchers recommend that awareness-creating programmes must focus more strongly on the relationship between alcohol and gender-based violence. We must eliminate the conditions that expose people to gender-based violence and Aids.HIV and Aids and gender-based violence are emergencies that have a destructive effect on women’s health. Health care is directly involved in violence, not only because it affects the health services, but also because significant contributions are made by health workers to lessen the impact of violence. Health workers are ideally positioned for identifying women at risk for both HIV and violence, as well as for referring them to the appropriate service and support where needed.This approach of health workers not only improves the quality of health care, but also promotes changes in behaviour and the attitude of the community. Thanks to the commitment of the Western Cape government to improving the health of the people of the province, the new trauma unit and antiretroviral treatment unit were opened at the Mitchells Plain Community Health Centre on 23 September 2010.In October 2010 the new ARV clinic at the Delft Community Health Centre was taken into use. On 11 November 2010, the mobile laboratory for HIV counselling and testing arrived at Tygerberg Hospital. Amongst other things, this modern mobile laboratory is able to evaluate 40 clients a day, which will mean 8 000 tests per annum. Because the unit is mobile, it can serve the most remote rural areas. Gender equality is one of the core issues of the HIV epidemic, and also includes men. Women remain one of the most vulnerable groups. In view of the high incidence of HIV among women, it is critical to ensure that they are involved in and benefit from HIV/Aids interventions.HIV can be transmitted to approximately one-third of the babies of HIV-positive mothers if no medical care is provided. The use of ARV medications during obstetric procedures such as caesarean sections and safe breastfeeding practices can reduce transmission. The Western Cape launched its Prevention of Mother-to-Child Transmission programme (PMTCT) in 1999 and gained a head start of two to three years over the rest of the country. The province still offers the highest level of PMTCT treatment. Access to ARVs for children increased significantly over the last six years.More than 21 000 children started treatment in the 2007-08 period – 5 000 more than in the previous year. The Western Cape’s significantly high success rate in respect of treatment can be ascribed not only to the ARV rollout, but also to the PMTCT treatment programme. Studies indicate that domestic violence against women and children remains the major cause of death, particularly in the 15 to 45 years age group. These deaths exceed those caused by TB, HIV and Aids. The initiative of hon Minister De Lille and the Premier to hold fathers responsible for paying alimony must be supported and encouraged far beyond the 16 days of activism, because defaulting on alimony is another form of domestic violence.

3002 TUESDAY, 30 NOVEMBER 2010 Mr Deputy Speaker, we need proactive leadership, and we do have it, to mobilise men and boys to take a stance against gender-based violence. Men, particularly those in public positions, must be clear and consistent in their explicit support of gender equality and should oppose all forms of gender violence openly and without hesitation. I thank you. [Time expired.] †Ms P W CUPIDO: Mr Deputy Speaker, the ACDP supports the national campaign of 16 days of activism for protecting the rights of women and children suffering at the hands of those who seek to abuse them. Importantly, it is not just financial support that they need, but also moral and emotional support when they have been abused. It is reported that 84% of prison inmates were abused as children. One in three girls and one in five boys are sexually abused by an adult at some time during their childhood. Families with four or more children have higher rates of abuse and neglect, especially if they live in remote and disadvantaged areas. More than 80% of abusers are often a parent or someone close to the child. One in thirteen kids, where a parent uses drugs, is regularly physically abused and drug and alcohol abuse in the family makes child abuse twice as likely to occur. Mr Deputy Speaker, it is the duty of every South African to assist NGOs, community police forums and government to stamp out abuse in our communities by reporting suspicious behaviour by known offenders. In turn, the police should respond swiftly and with positive actions. The ACDP salutes those mothers who stand by their children, who are abused by fathers or boyfriends, by having the perpetrators nailed and jailed. *Ms J WITBOOI: Mr Deputy Speaker, HIV and Aids have an ineradicable effect on our society. One of the results is that fathers are increasingly becoming single parents, and that more and more older children and grandparents have to take on the parents’ role of raising children. Infected people are knowingly passing the disease on to others and it is effectively a death sentence for innocent people. This is the reality of our present-day society, where we have to live with the effects of HIV, and we must therefore unite to raise awareness. However, every citizen must also take individual and joint responsibility for his or her conduct. By acting responsibly, we can break this disease’s back. HIV is the single greatest tragedy and disease to befall our planet since World War 2.The extensive struggle against HIV in our country as well as the 16 days of activism against violence against women and children, going hand in hand, are battles that have to be fought. The problem of HIV has become a women’s issue as well. And allow me to state clearly here today: It was the ANC that placed women’s issues prominently on the national agenda. An HON MEMBER: Yes. Ms J WITBOOI: The rights and place of women in our society are a success story in our country because the ANC took the lead.[Interjections.]Without the ANC we would most likely still be living under the prejudice and domination of the previous dispensation.[Interjections.]

TUESDAY, 30 NOVEMBER 2010 3003 Mr Deputy Speaker, the truth hurts; can I be protected?[Interjections.] The DEPUTY SPEAKER: Order! [Interjections.] Ms J WITBOOI: Allow me to pose a second question: what happened to the two illuminated white ribbons displayed on the façade of this building as a sign of solidarity with the struggle against violence against women and children? Where did these ribbons disappear to? On whose orders were they taken down or removed?[Interjections.] †The DEPUTY SPEAKER: Order, hon members! *Ms J WITBOOI: You see, Mr Deputy Speaker, those ribbons were taken down without the cognisance of this Parliament, one of the chief users of this building.[Interjections.]If there had been a consultation, why were we not all informed of this? The removal of those ribbons has become a symbol of the DA coalition’s contempt for the battle we are fighting. That visible commitment is now gone. I would like to place my own opinion on record here. I think it is lovely and cute to wear ribbons on our hearts on this and other days of remembrance. However, I think it is more important to carry the matter in our hearts, so that we will constantly be committed to the cause rather than only wearing pretty ribbons during the focus period. My ribbon is in my heart.[Interjections.] The ANC is therefore once again calling on us: join the march to put a stop to HIV and violence against our women and children. Become fully part of the greater battle. Don’t stand on the sidelines waving flags and wearing ribbons or making encouraging noises now and then. No, join in heart and soul in the race to stop this horrible behaviour and awful disease and reduce them. Let us do the right thing.[Interjections.] Wherever we go, we must take a stand and be heard if we are fully committed to this battle.[Interjections.] *The DEPUTY SPEAKER: Order, hon Minister! *Ms J WITBOOI: Do not allow old beliefs about sexual behaviour and domination to determine our future. Let us reach out and break away from those old attitudes such as the one the hon Carlisle is displaying here. Our and our children’s future deserves more. We owe it to all our coming generations to leave them a better society, free from prejudice and condemnation. I thank you. *The MINISTER OF SOCIAL DEVELOPMENT: Mr Deputy Speaker, it is a great pity that hon Witbooi wants to politicise such an important debate. We will give her a ribbon just now. [Interjections.] †The DEPUTY SPEAKER: Order, hon members! †The MINISTER: Mr Deputy Speaker, women and children are the most vulnerable groups in society. Ms J WITBOOI: [Inaudible.]

3004 TUESDAY, 30 NOVEMBER 2010 †The DEPUTY SPEAKER: Order, hon Witbooi! Hon Ozinsky, order, please! I can’t hear the hon Minister. †The MINISTER: Therefore, they need to be loved and protected, and not abused. We all know that most murders and violence against women and children in our society are perpetrated by people that they know. According to research, 67% of domestic violence in the Western Cape is alcohol-related. The impact of alcohol and other drugs on levels of violence against women and children is well documented.[Interjections.] What remains now is that the data at our disposal must be used to create a society where women and children can feel safe. [Interjections.] Just wait. The social development of our society can only become a reality if we take on the ... [Interjections.] †The DEPUTY SPEAKER: Hon Minister, can you take your seat, please. †The MINISTER OF HEALTH: On a point of order, Mr Deputy Speaker: Member Ozinsky constantly ignores your instructions. [Laughter.] His interjections have nothing to do with the debate in the House. Can I ask that the man be disciplined, please? †The DEPUTY SPEAKER: I have already called hon Ozinsky to order. You may proceed, hon Minister de Lille. †The MINISTER OF SOCIAL DEVELOPMENT: The social development of our society can only become a reality if we take on the terrible twins of alcohol and drug abuse. †Mr M OZINSKY: Mr Deputy Speaker, on a point of order: … [Interjections.] … the Rules say a member must speak from their bench. This member is a member of the ID, but she is speaking from a DA bench. How is that possible? [Laughter.] An HON MEMBER: Are you serious? Are you ANC or a communist? What are you? I can’t believe it. Mr M OZINSKY: That’s true. The member was elected to Parliament by the ID, but she’s not sitting in an ID benches. She’s sitting in a DA bench. The DEPUTY SPEAKER: Order! †The MINISTER: It’s none of your business. Can you sit down, please? [Interjections.] †The DEPUTY SPEAKER: Order, hon members! †The MINISTER: Can you sit down, please. †The DEPUTY SPEAKER: Hon Minister, Order! [Interjections.] That is where the hon Minister sits, so, exactly, she’s right. [Interjections.] †Mr M OZINSKY: Mr Deputy Speaker, please, on a point or order: Can you explain how the benches of one party are mixed up with those of another party?

TUESDAY, 30 NOVEMBER 2010 3005 †The MINISTER OF HEALTH: What’s it got to do with you? †Mr M OZINSKY: The ID is a separate party. The member was not elected as a DA member. She was elected as an ID member. She should be sitting in an ID bench. †The MINISTER OF SOCIAL DEVELOPMENT: On a point of order, Mr Deputy Speaker: He’s trying to play politics. †The DEPUTY SPEAKER: She is talking from her seat. I think she has the right to do so. †The MINISTER: If he wants to play politics, we can play politics, but let’s go outside. Let’s go outside. I’m not afraid of the ANC. [Interjections.] I’m not afraid of this ANC. [Interjections.] †The DEPUTY SPEAKER: Order, members! [Interjections.] *The MINISTER: They say empty vessels make the most noise.[Interjections.]Empty vessels!] †The DEPUTY SPEAKER: Mr Ozinsky, you asked me a question. †Mr M OZINSKY: Yes. †The DEPUTY SPEAKER: I said that the the Minister is at her right seat. So, you may proceed, hon Minister. [Laughter.] †Mr M SKWATSHA: Mr Deputy Speaker, I just want to follow-up on the matter that hon Ozinsky raised. †The MINISTER: Now look at this. He’s trying to stifle debate. The DEPUTY SPEAKER: Order! Order! The MINISTER: It’s not a point of order. †The DEPUTY SPEAKER: Order! Order, hon Minister! Hon Skwatsha, I made a ruling on that matter. †The MINISTER: Exactly! †The DEPUTY SPEAKER: You may proceed, hon Minister. †Mr M SKWATSHA: Mr Deputy Speaker, I’m raising a point of order. †The DEPUTY SPEAKER: No, no, hon Skwatsha, I’ve made a ruling on that. †Mr M SKWATSHA: I am raising a point of order. †The DEPUTY SPEAKER: Is it a point of order? †Mr M SKWATSHA: Yes. I am saying that a member reflected as speaking for the democrats …

3006 TUESDAY, 30 NOVEMBER 2010 †The DEPUTY SPEAKER: Order! Hon Skwatsha, that’s not a point of order. I made a ruling on that matter. Take your seat. †Mr M SKWATSHA: What is the ruling? †The DEPUTY SPEAKER: The ruling is that the Minister can speak and that that is her seat. [Interjections.] She has the right to speak. That’s the last time, hon Skwatsha. Please take your seat. †Mr P UYS: They can’t do it this way. †The MINISTER: Mr Deputy Speaker, thank you. [Interjections.] †Mr M SKWATSHA: Is there no point of order here? †The DEPUTY SPEAKER: Hon Skwatsha, I’m warning you. †Mr M SKWATSHA: I want clarity. †The DEPUTY SPEAKER: I’ve made the ruling and I’m warning you for the second time that there is a ruling. Hon Skwatsha, that’s the last warning I’m giving you. †The MINISTER: It’s such an important debate. You’ve got no respect for women. †The DEPUTY SPEAKER: There is a ruling. †Mr M SKWATSHA: You’ve got to sit in the ID seats there, not here. †The MINISTER: You’ve got no respect for women and children. Sit down. [Interjections.] †The DEPUTY SPEAKER: Hon Skwatsha, order! †The MINISTER: You’ve got no respect for women and children. [Interjections.] †The DEPUTY SPEAKER: Order! Hon Minister, continue. [Interjections.] Order, hon members! Order, hon Skwatsha! †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, if I may address you on this point: There is nothing in the Rules that says that the hon member must speak from the ID seat only, but from her seat. What’s more, sir, for many years the NP ... The DEPUTY SPEAKER: Order! Order! The MINISTER OR TRANSPORT AND PUBLIC WORKS: What’s more, sir, for many years ... [Interjections.] †The DEPUTY SPEAKER: Order, hon Carlisle! There’s a ruling on this matter. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No, no, I’m making a point. [Interjections.] Let me finish my point, sir. The DEPUTY SPEAKER: Order!

TUESDAY, 30 NOVEMBER 2010 3007 The MINISTER OF TRANSPORT AND PUBLIC WORKS: He says I can carry on. [Interjections.] †The DEPUTY SPEAKER: Order, hon Carlisle! Order, hon members! [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No. What’s more ... †The DEPUTY SPEAKER: Order, hon members! [Interjections.] I just want to make it very clear that I’m not going to discuss this. There’s a ruling on this matter, so we are not going to discuss it. [Interjections.] There’s a ruling and we are not going to discuss it. [Interjections.] †The MINISTER OF SOCIAL DEVELOPMENT: Mr Deputy Speaker, it’s a disgrace. The ANC has no respect for women and children. You are a disgrace to the ANC. You are a disgrace! [Interjections.] †The DEPUTY SPEAKER: Order! Please take your seat. †The MINISTER: It’s a disgrace the way they go on. †Mr M NCEDANA: Mr Deputy Speaker, I want to comment on the ruling that you have made. A ruling was made before. I spoke, seated in the Chief Whip’s seat, and the ruling was made that I could not speak seated there in this House. An HON MEMBER: That’s not a point of order. Mr M NCEDANA: I just want to raise that issue. †The MINISTER: Oh, no ... [Inaudible.] †The DEPUTY SPEAKER: Your point has been noted, hon Ncedana. †The MINISTER OF HEALTH: You guys are a disgrace. †The MINISTER OF SOCIAL DEVELOPMENT: Mr Deputy Speaker, the social development of society can only become a reality if we take on the terrible twins of alcohol and drug abuse. Only then will we be able to truly rebuild the social fabric of our society. There is no way that the Western Cape government can do it alone. We need the help of our communities and civil society so that we can take collective responsibility for the scourge in our society. *Ms J WITBOOI: Mr Deputy Speaker, may I ask the Minister a question, please? *Ms A ROSSOUW: No. *The DEPUTY SPEAKER: Are you willing to take questions? †The PREMIER: It’s an obvious strategy. *The MINISTER: No, would you mind waiting until I have finished speaking, please?

3008 TUESDAY, 30 NOVEMBER 2010 †The DEPUTY SPEAKER: Hon Minister, are you willing to take a question? *The MINISTER:I am not taking a question. I don’t take a question from her. *Ms J WITBOOI:I just want to ask the Minister … †The DEPUTY SPEAKER: Order, hon Witbooi! [Interjections.] †Ms A ROSSOUW: Sit, just sit! †The DEPUTY SPEAKER: Hon Witbooi, please take your seat.[Interjections.] *Ms J WITBOOI: What will they do with mothers that abandon their babies? *The MINISTER: Yes, sit down. †The DEPUTY SPEAKER: Hon Witbooi, please take your seat. [Interjections.] Hon members, I’m not going to allow this. [Interjections.] Order, members! I’m not going to allow this. Really, I’m not going to allow this. *The CHIEF WHIP: Mr Deputy Speaker, I request that Ms Witbooi retract what she said today. It is a personal matter about which she knows nothing and I want to ask to retract it.[Interjections.] †The DEPUTY SPEAKER: Order! I don’t understand your point, Chief Whip. May we proceed. †The MINISTER: Mr Deputy Speaker, we also need to educate women to use the existing Domestic Violence Act to assist them to deal with abusive partners. The sad part is that in many instances where a woman receives a protection order against an abusive partner, it is the same woman that forgives him when he promises that he will never do it again. We all know, however, that he will do it again and again, posing a real risk to her life and very often to the lives of her children too. We certainly welcome the finalisation of the Western Cape Liquor Amendment Bill, which I hope will make our women and children even a little safer. Alcohol advertising has a destructive effect on our communities. International studies show that alcohol advertising influences the intention of the youth to drink. A 2004 study by the Human Sciences Research Council in a rural community found that 68% of women and 62% of men believe that alcohol advertising should be stopped. I think it is time that we conduct research in the Western Cape on the effects of alcohol advertising with the goal of levelling the playing fields. Government is spending billions trying to deal with the negative impact of alcohol on our society and it is about time that the liquor industry began to take responsibility. However, banning advertising is not going to be a silver bullet, ... [Interjections.] ... but responsible stakeholders agree that it is an important element in what should be a multipronged approach. Mr OZINSKY: [Inaudible.]

TUESDAY, 30 NOVEMBER 2010 3009 †The DEPUTY SPEAKER: Order! Hon Ozinsky, running commentary is not allowed. †The MINISTER: I thank you. An HON MEMBER: Good! [Interjections.] *The MINISTER: You just want to get into the media, sir.You’re never in the media. You’re looking for media attention.[Laughter.] †Mr P UYS: Mr Deputy Speaker, the hon Minister referred to the hon member as “you” ... [Interjections.] ... and that’s not helping. †The DEPUTY SPEAKER: “You” is not unparliamentarily, but it is important that members respect each other, please. [Interjections.] Order! †Mr M SKWATSHA: Mr Deputy Speaker, is it right for a member to refer to another member, not as an hon member, but as “you”? [Laughter.] †The DEPUTY SPEAKER: I think I have already said that “you” is not unparliamentarily, but it is very important that members respect each other and not use “jy” and “jou” in the House. Please, I request that. †Mr M SKWATSHA: May I request that the hon member withdraws the word “you”? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, I foresee conversation coming to a complete end in the House if one cannot use words like “you”. †Ms N P MAGWAZA: “Jy”. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: If you go through Hansard you will see it’s been used millions of times in the House. Until now nobody other than the Chief Whip of the Opposition has raised the matter. So, quite clearly you can say “jy” and “jou” and “you” in the House. [Interjections.] Really, he should be able to come up with something better than that. †The DEPUTY SPEAKER: I think I have made myself very clear, hon Minister, that “jy” is not unparliamentarily. I really emphasise that members respect each other, by not using “jy” and “jou” in the House, but there’s nothing wrong with “jy.” †The MINISTER OF HEALTH: Mr Deputy Speaker, let me open by saying that although we are debating different angles of a very complex social issue, we are unified in our empathy with and our compassion for the millions of victims of violent crimes on this continent, in this country and this province and I think there is no debate about that. Sixteen Days of Activism for No Violence Against Women and Children is an international campaign and is an opportunity … [Interjections.] It is not an ANC campaign, it is an international campaign. †Mr M OZINSKY: It is the ANC that brought it here.

3010 TUESDAY, 30 NOVEMBER 2010 †The MINISTER: It is an opportunity for us to focus on the work being done in this regard. The physical, psychological and psychosocial risks associated with rape show that rape survivors require comprehensive and integrated responses from the health care system and other support structures. South Africa is one of the countries with the highest prevalence of sexual offences. The overwhelming majority of rape and sexual assault survivors are women. In addition to high rates of sexual offences, South Africa also faces a high prevalence of HIV and Aids. Several factors put rape survivors at an increased risk of acquiring HIV. [Interjections.] First, rape survivors often can’t get those … [Interjections.] Mr Deputy Speaker, what’s going on here? Why am I having an opportunity to make a speech? [Interjections.] What are they trying to do? [Interjections.] †The DEPUTY SPEAKER: Order, hon Chief Whip! [Interjections.] Order, hon members! Please, running commentary is not allowed while the Minister is busy with his speech. I am requesting both sides to make sure that we allow members to finish their speeches. †The MINISTER: Rape survivors often can’t negotiate condom rules. Secondly, women are generally biologically more vulnerable to HIV transmission. Thirdly, penetrative sexual assault presents a higher risk of HIV transmission than consensual sex, due to the use of force. Millions of women have been indirectly affected by the HIV and Aids pandemic. Women’s childbearing role means that they have to contend with issues such as mother-to-child transmission of HIV. Last year on World Aids Day, in addition to what we had been doing since many years ago, the Western Cape Department of Health announced three bold steps together with exciting strategies that took the fight against HIV/Aids to the next level, This was because the ANC in the previous seven years did nothing to increase Aids treatment in this province. [Interjections.] The first thing we did was to move... [Interjections.] †The DEPUTY SPEAKER: Order! Hon Ozinsky, I have requested everyone in the House to please stop the running commentary while the hon Minister is busy. †The MINISTER: The first move was for us to decide to offer routine HIV testing to all public health facilities in the Western Cape as a standard care of service in each facility. The second was to commence treatment of patients with HIV and Aids when the CD4 counts falls below 350. The third step was to introduce a regimen of programmes for the prevention of mother-to-child transmission. Mr Deputy Speaker, these three initiatives were the only new initiatives taken in this province in seven years. The ANC and that member did nothing about it. The antiretroviral treatment objectives is to provide treatment to 31 000 new patients and to maintain 96 000 people on ART. This objective is to be achieved by increasing the number of ART service points, providing capacitated staff, adapting the operational model, strengthening programme monitoring, rationalising drug delivery and improving chronic retention strategies at all services points.

TUESDAY, 30 NOVEMBER 2010 3011 The Western Cape has moved from 81 ART service points in March 2010, to 146 ART service points in November 2010. Since we announced this, – an increase of 80% in only six months, which you could not do in seven years –a further 21 have been planned for implementation before the end of this financial year. Another 21! [Interjections.] In the Cape Metro we moved from 49 to 54, with another five to come; in the Cape Winelands we moved from 13 to 28, with another 15 to come; in the Central Karoo, from two to five, with another three to come; in the Overberg, from four to 22, with another 18 to come; in Eden from nine to 20, with another 11; and the West Coast, from four to 22 and another 18 before the end of the financial year. [Interjections.] In addition, this province is on target to achieve its goal of 96 000 patients in care by the end of this financial year. We are also doing a lot in terms of facilities. Mr Deputy Speaker, I’m rushing through this because I want to come to another point. We are also developing a nurse-initiated management programme for ART. This has been developed under the custodianship of the Provincial Therapeutics Committee and will include short-course training in HIV and ARV management. A provincial policy on TB-HIV integration at facility level is also in the final stages of development and will be informed by an operational research partnership between the clinical management of the Mitchells Plain substructure, the provincial office and the Desmond Tutu Foundation. Michael Mapongwana in Khayelitsha has also started dispensing ARVs for the antenatal care setting and the Hannan Crusaid ARV Centre in Gugulethu will also focus on the operational issues of dispensing TB medication. We are also rationalising drug delivery systems at all service points. There have been no ARV drug stock-outs in this province during the past year – the only province in the country. When the rest of the country ran out of stock, we did not run out of stock. An HON MEMBER: Hear, hear! The MINISTER: The provincial ARV depot has stocked up for four months to ensure a stable supply during the transitional period. [Interjections.] It is expected that the ART programme will grow to well over 130 000 chronic patients by 2013. One hundred and thirty thousand! We took over when it was at 63 000 and we’re now talking about 130 000 people. In closing on this issue I want to thank the hardworking people and staff of the Western Cape department for taking up the challenge. They are committed to this campaign and have positioned this province as one of the world leaders in the fight against HIV and Aids. The only province beating this disease is this province and that is why we are the only regional government in the world that still qualifies for Global Fund financing. [Interjections.] This year we received R1,2 billion from the Global Fund, spread over six years – the only regional government in the world to do so. Not even the national government can get that.

3012 TUESDAY, 30 NOVEMBER 2010 *Mr Deputy Speaker, I want to raise another point about what happened and what was said here today about the tragic case of the four-year-old child that was sexually abused and molested in Atlantis. I have here the whole report with the true facts. The child was reported in terms of the correct procedure at Wesfleur Hospital. The child was not turned away at the Red Cross Hospital.[Interjections.]Here are the true facts: In spite of the flippant … *The DEPUTY SPEAKER: Order, hon Witbooi! *The MINISTER: Mr Deputy Speaker, while that member is making such a noise and had lots to say about a child …[Interjections.] ... about which you have all the facts wrong, my dear hon member. *Ms J WITBOOI: Ask Barbara Rass. She sits in the …[Inaudible.] *The DEPUTY SPEAKER: Order, hon Witbooi! *The MINISTER: You have all the facts wrong. Don’t drag others into your mess.[Interjections.]You used a child to cause a sensation. *Ms J WITBOOI: Never! *The MINISTER: You gave the wrong information to the public. †The DEPUTY SPEAKER: Order! Address me, hon Minister. Hon Witbooi, please stop the running commentary. †Mr M OZINSKY: Mr Deputy Speaker, on a point of order: The rules say that a speaker must address the person in the Chair. †The DEPUTY SPEAKER: That is what I have just said. I’ve said the hon Minister must address me. *The MINISTER: Allow me to return to the story. A child was molested sexually; it is a tragic event and characteristic of so many such occurrences in our community. A politician in this province, in this House, jumps on the bandwagon for short-sighted, irresponsible political gain and broadcasts a lot of misrepresentations and misinformation in public. Here is the report, and it is available to the media. Unfortunately I do not have time to share it all today. It is being released to the media. The child was handled according to protocol; the child was admitted to the Red Cross Hospital, according to procedure. *Ms J WITBOOI: Mr Deputy Speaker, on a point of order: May I ask the Minister a question, please? *The MINISTER: No. *The MINISTER OF SOCIAL DEVELOPMENT: Ag shame. Give her a ribbon. *The MINISTER OF HEALTH: You can’t even talk to the media, what do you want to ask me?

TUESDAY, 30 NOVEMBER 2010 3013 †The DEPUTY SPEAKER: Order! Are you willing to take a question, hon Minister? *The MINISTER: No, Mr Deputy Speaker. Hon Witbooi’s allegations in the media were factually incorrect. It was insensitive, it was irresponsible, it was disparaging and sensation-seeking and it was uncalled for. She should have determined the facts first, avoiding allegations such as – and I am sorry to repeat them, and it’s hard for me to repeat them – that this child had to travel for four hours in a certain state.[Interjections.]You think it's funny.[Interjections.] *Ms J WITBOOI: No. *The MINISTER: Such allegations are inexcusable. It’s inexcusable. This member created a sensation and that in the 16 days of activism for no violence against women and children.[Interjections.]To attempt to gain political points out of a child that was sexually molested is totally unacceptable.[Time expired.] *Ms J WITBOOI: Mr Deputy Speaker, I want to ask the Minister if he is now willing to take a question. †The DEPUTY SPEAKER: The hon Minister’s time has expired. I recognise hon Skwatsha. †Mr M SKWATSHA: Mr Deputy Speaker, intellect and memory has a tendency to desert me at times like these. My teacher at school used to say that, hon Minister Botha. I am referring to the fact that you clearly, or deliberately, don’t know that this HIV and Aids programme that you were speaking about was started by none other than the ANC government. [Interjections.] †The PREMIER: Nonsense! An HON MEMBER: It’s true. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: For years the ANC denied it existed. †Mr M SKWATSHA: If you think it is nonsense, let me explain it to you. [Interjections.] †The MINISTER OF HEALTH: You’re misleading the House. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: It is true. †The DEPUTY SPEAKER: Order, hon members! †Mr M SKWATSHA: Mr Deputy Speaker, in this country, in fact, before the advent of democracy, some of the people in this country did not even know there was HIV and Aids. Before the advent of democracy in this country, I remember we had a Minister called Riaan Venter. †The MINISTER OF HEALTH: Rina Venter.

3014 TUESDAY, 30 NOVEMBER 2010 †Mr M SKWATSHA: Rina – whatever, you would know that better. It was with the advent of democracy that an ANC-led democratic government, the government of Nelson Mandela, specifically appointed the Deputy President of this country to lead the moral regeneration campaign and the fight against HIV and Aids. [Interjections.] Now you want to pretend that this has never existed. The mother-to-child transmission in relation to the DA government started only in 2009, as far as you are concerned, when you became a government. You deliberately want to deny the undeniable. The problem is the ANC government lifted this fight to such heights to the extent that even you were able to notice. [Interjections.] Now, with this year’s theme of “Don’t look away, stop abuse”, the government and all sectors embarked on this national 16 days of activism against the abuse of women and children. You must note this period of 16 days, otherwise abuse against women and children will happen 365 days a year. We just highlight it with the 16 days, but abuse against women and children happens 365 days a year. On the matter of this child, hon Minister Botha would like the House, the media and world to believe that everything went according to the book. That is why he is displaying those papers in front of us. If it were so, why was it necessary for two MECs to make frantic calls to the hospital? If it were normal, why did it take both you and the Minister of police – I hope he was not threatening anybody – to make sure that the hospital was phoned ? I can tell you that on this matter all of us should be united in saying that our people deserve the best in terms of service delivery, and not defend the indefensible. [Interjections.] Our people can only taste freedom when they go to hospital and get treatment or when they go to a rent office and get friendly public servants who will assist them. It is not for us to defend this. We can go all the way to try and defend it, but something went wrong there. We must also be concerned that during this period of 16 days of activism so many blatant, unforgivable things are happening to women as we speak. In fact, one of the issues – and I do not know whether it is adequately addressed – is trauma centres, even those at police stations. Have we done enough to train our police officers ... †The MINISTER OF HEALTH: We can never do enough. †Mr M SKWATSHA: ... to ensure that when people come to report rape, they are given the necessary attention so that a police officer does not say … [Interjections.] Are there programmes? I think we should begin to look into those things. Now, let me also say this – so that you can deny it: Since 1994, in this country, the murder rate has gone down by 50%. Let me repeat it: The murder rate since 1994, in this country, has gone down by 50%. We want it to go down 100%. [Interjections.] In fact, speaking about policy, I heard the Minister of Social Development espousing new DA policy here today around the banning of alcohol advertising. [Interjections.].

TUESDAY, 30 NOVEMBER 2010 3015 By the way, it would be interesting to ask some of the members on the other side of the House how many millions they have made out of their own bottle stores. [Time expired.] †The PREMIER: Mr Deputy Speaker, the ANC’s disgraceful behaviour in this debate shows contempt, not only for you and the House, but equally importantly for the topic under discussion here today. The ANC talks a lot about closing down the democratic space, and when there is a ruling they don’t like they walk out of the House, claiming that people are closing down the democratic space. †Mr M SKWATSHA: Which is true. †The PREMIER: However, they themselves don’t hesitate to close down the democratic space by making it impossible for people to speak in the House and be heard. [Interjections.] An HON MEMBER: Just like you do. †Mr M OZINSKY: You shouldn’t speak. You are always shouting. †The PREMIER: The way in which they have tried to intimidate hon De Lille, completely failing, of course, to do so, ... [Interjections.] ... is actually a compliment to her because they are terrified of her and they are terrified of the impact that she has when she makes a powerful speech. [Interjections.] Hon Ozinsky is an example of the way weak men react when they are confronted by a strong woman. That is what you have; you start with verbal abuse and sometimes, tragically ... †Mr M SKWATHSA: Strong women lead the ANC. †The PREMIER: ... it goes on from there. We’ve had a demonstration of this here today. It is disgraceful. Then we’ve heard all of these reinventions of history around the issue of HIV and Aids and antiretrovirals ... †Mr M SKWATSHA: Listen to them – “reinventions”? †The PREMIER: ... and the drugs that stop mother-to-child transmission. †Mr M SKATSHA: Who started it? †The DEPUTY SPEAKER: Order, hon Skwatsha! †The PREMIER: Everyone in the ANC falls into one of two categories. They are either Aids denialists or Aids cowards. Those are the two categories. †Ms N P MAGWAZA: Like you. †The PREMIER: In fact, many were Aids denialists, but many knew that the denial of HIV and Aids and the connection between them was wrong and disgraceful. They knew it was killing hundreds of thousands of people in South Africa, particularly women and their children, yet they kept quiet.

3016 TUESDAY, 30 NOVEMBER 2010 They are Aids cowards. [Interjections.] In contrast, when the DA was in government all too briefly in 1999 and 2000 ... †Mr M OZINSKY: That was the DP, not the DA. †The MINIStER OF TRANSPORT AND PUBLIC WORKS: You kept silent. The ANC kept silent. †The PREMIER: Nicky Koornhof and Dr Faried Abdullah … [Interjections.] †Mr M OZINSKY: Deputy Speaker, on a point of order: The hon Premier is misleading the House. There was never a DA government before this DA government that is here in the House. [Interjections.] †The MINISTER OF HEALTH: There was also never an ANC government here. †The DEPUTY SPEAKER: That is not a point of order, hon Ozinsky. †The PREMIER: Mr Deputy Speaker, I was part of that government. It was a DP-NP coalition ... [Interjections.] ... and, in fact, the DA was formed in 2000 when we were still in government. The bottom line is that they are still in denial because they refuse to accept that Nicky Koornhof, who was Minister of Health at that time, and Dr Faried Abdullah started this programme and it is the basis on which we have built one of the world’s most successful anti-HIV/Aids campaigns. [Interjections.] †The DEPUTY SPEAKER: Order! Order, hon member! †The MINISER OF TRANSPORT AND PUBLIC WORKS: That’s why you chased him out. †The PREMIER: You chased him out because he wasn’t an HIV denialist. You chased him away. [Interjections.] †The DEPUTY SPEAKER: Hon Ozinsky, I am requesting you for the second time to stop this running commentary. If you keep on undermining the authority of the Chair, I will have to deal with that. Both sides please stop the running commentary in the House. [Interjections.] I don’t need any response on that. I am asking you, please. †Mr M OZINSKY: Mr Deputy Speaker, I want to address you on this matter, because I’m not giving a running commentary. A running commentary is when you speak all the time. †The DEPUTY SPEAKER: Hon Ozinsky … †Mr M OZINSKY: I leave gaps in my speeches all the time because hon Carlisle … [Interjections.] †The DEPUTY SPEAKER: Hon Ozinsky, take your seat. I’ve made my point and that’s final. [Interjections.] I’ve told both sides to stop that.

TUESDAY, 30 NOVEMBER 2010 3017 †The PREMIER: Mr Deputy Speaker, in fact, as the country prepares to mark World Aids Day, which is tomorrow, there’s an article in the Cape Argus today that says that President Jacob Zuma will be in Mpumalanga, and he’s hardly been a great role model on this topic either. However, Cape Town will be celebrating for having exceeded its HIV testing target – the only province in the country to have done so. [Interjections.] It is in the Western Cape and it is this province because ... [Interjections.] ... the City of Cape Town said that while it was expecting thousands more to be tested, its health department staff have tested almost 325 000 people in the past financial year. Now, that is the Western Cape taking the issue forward in a way that no other province is, while the ANC continues to be in denial. I would like to speak to the hon Fritz’s point. The statistics are horrific and they are a national disgrace to us all. One can’t imagine the fear and horror of a child or a woman who faces sexual abuse and violent assault. The tragedy, however, is that so many women are trapped. Mr Deputy Speaker, they are trapped in abusive situations because they don’t have skills, they can’t get jobs and they often have large numbers of children to look after. Often drugs and alcohol abuse are the cause of dysfunctional families and violent abuse. Young girls drop out of school, often because they are pregnant. Without any skills in the world, they have embarked on a path in life where they have no opportunities, their children, who are often unwanted, have no opportunities and this vicious cycle perpetuates itself from generation to generation, fifteen years apart. This can only lead to the underdevelopment and destruction of any social fabric. Mr Deputy Speaker, we work very hard to get rid of the stigma attached to HIV and Aids, as indeed we must, because that prevents people from being tested and doing something about it. Nevertheless, the stigma around sex with underage children has a very important role in a society. There must be a stigma attached to having sex with underage children. It must be completely unacceptable in any part of our society, and we haven’t nearly dealt with that issue sufficiently. It has been accepted as the norm and, even worse than that, it’s accepted by some as a way – they believe this through some kind of horrific, abhorrent myth – that may be able to cure their own HIV and Aids. [Interjections.] That is why, not only do they pursue sex with an underage child, but these children get younger and younger and younger to the point that we have this abhorrence – and I don’t know it to be a feature of any other society on earth – which is the raping of small babies. We have to take the lead to say that any sex with any underage person is a criminal offence. We must not tolerate it and we must absolutely have a clear stigma attached to it. We must also drive the issue of statutory rape far more than we do, although I know it’s a complex issue. I know of far too many examples of parents who know their children are engaged in underage sex, and some parents who even accept it as long as the man involved pays them something for the so-called pleasure.

3018 TUESDAY, 30 NOVEMBER 2010 These kinds of practices have to be eradicated from our society because they are destroying our social fabric. Then I want to get to the hon Magwaza’s point about our campaign to ensure that maintenance defaulters are brought to book and pay the maintenance they owe to their children. Her description of that is that it is a very narrow campaign. However, Mr Speaker, this affects hundreds of thousands of children in this province. If we can get to a point where every man understands that he will not get away with it if he makes a baby and walks away from that child, we will have changed the lives of hundreds of thousands of children and their mothers. [Interjections.] The bottom line is that when the ANC runs a campaign, it is always an excuse to have one party after another. It is always an excuse to spend millions of taxpayers’ money and have entertainment and lots of alcohol and all of the things that add to, not subtract from, the problem or help to deal with the problem. Then they try to cover it up with a little “strikkie” and make out that the “strikkie” is a substitute for substance. The bottom line is that we will continue driving our campaign and we will continue dealing with the tragedy of the abuse of our children and their mothers in this province. I also want to pay tribute to all the men who do take care of their children, because there are many hundreds of thousands who do. I also want to say that one cannot generalise about women either, because some of them also neglect their children. So we must say that if you want to make a baby, you had better know that you have to be able to be a good and responsible parent. [Time expired.] †The MINISTER OF HEALTH: For the first time something is happening in the House. Debate concluded. *The CHIEF WHIP:I think I must just read the motion about the salary scales again, so that we can have it in the right order. †The DEPUTY SPEAKER: Come again, hon Chief Whip? †The CHIEF WHIP: I want to read the motion about the salary scales again.

REMUNERATION OF PREMIER

(Motion) *The CHIEF WHIP: Mr Deputy Speaker, I move without notice: That in terms of section 6(3)(b) of the Remuneration of Public Office Bearers

Act, 1998 (Act 20 of 1998), the upper limits of the salary and allowances of the Premier be determined as proclaimed by the President of the Republic of South Africa in Government Gazette 33797 of 23 November 2010.

TUESDAY, 30 NOVEMBER 2010 3019

STATEMENTS BY MEMBERS †Ms C LABUSCHAGNE (DA): Mr Speaker, on Friday 3 December 2010 we are celebrating International Day for Persons with Disabilities. This year the global theme is: Mainstreaming Disability in the Millennium Development Goals Towards 2015 and Beyond. The Day aims to promote a better understanding of disability issues. It focuses on the rights of persons with disabilities as well as the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic and cultural life of their communities. South Africa is one of the countries that have ratified the United Nation’s convention and protocol on the rights of persons with disabilities. The convention promotes, protects and ensures the full and equal enjoyment of all human rights and fundamental freedoms for all persons with disabilities and promotes respect for their inherent dignity. This includes the right to health and, especially, education. We applaud the Department of Social Development’s disability programme and its unconditional effort in assisting the disabled in our province. Assistance is not only provided through dedicated residential care services, protective workshops and day care centres for children with disabilities, but also through the various partnerships with nongovernmental organisations and government departments. Mr Speaker, the plight of the disabled should, however, be addressed continuously with sustainable solutions. The specific needs of special needs schools are as unique as the situation they cater for and perhaps should be provided for and protected by legislation. The acceptance of sign language as a Grade 12 subject from 2011 onwards has helped to fight the marginalisation of the disabled. It is also time to acknowledge the importance of the requirements of both public and private institutions, and to seek the co-operation of both, in providing disabled people with equal opportunities through skills development, in-house training and job placements. [Time expired.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Is he back again? †Mr M SKWATSHA (ANC): Certain South African companies may violate our trade laws and contribute to the violation of international law through the marketing of Ahava products. Charges were laid against the Wellness Warehouse and SDV Pharmaceuticals. The labels claim they were made in Israel, when, in fact, they are produced by Dead Sea Laboratories Ltd in an illegal Israeli settlement called Mitzpe Shalem, located in the West Bank. The UN, the US, and even the Israeli Supreme Court, do not regard the West Bank as part of Israel and it should not claim to have Israeli origins. This constitutes a False Trade description under section 7 of the Merchandise Marks Act of 1941, as amended. Ahava products are unlawfully produced and sold under false pretences. Every consumer should know the origin of a product. Please do not lie; we have a constitutional right to receive accurate information to make informed choices. Products that are produced by violating human rights are deeply offensive.

3020 TUESDAY, 30 NOVEMBER 2010 We request that the Western Cape Minister of Economic Development and Tourism and the national Minister of Trade and Industry initiate investigations into South African companies selling Ahava and to issue cease-and-desist orders if they are found to violate South African Law. The Minister seems not to be listening. [Interjections.] Furthermore, we request labelling guidelines for such products stating that they are made in an illegal Israeli settlement in occupied Palestinian territory. †Mr M G E WILEY (DA): Mr Speaker, it is said that the next world conflict will be over water, its availability or lack thereof and its locality. In South African history water has played a critical role in the development and habitation of the country. “Waterreg” was the most disputed law in the land. Without water nothing can survive – not mining, farming, residential development or any sustainable activity. However, the aspect that many have overlooked is not just the availability of water, but the quality of water. The existing water supply can become so contaminated that humans cannot drink it or even irrigate crops with it. Therefore, it is with growing alarm that one reads that a main supermarket group is reviewing its suppliers’ produce because it contains pollutants from irrigation; and that the aquifer underlying the Reef is so contaminated from mining that rivers hundreds of kilometres away are affected so that people in contact with local streams are getting sick from waste dumped in them. The danger is no different in the Western Cape, particularly the Peninsula. Just these last ten days we have seen several articles stating that there are danger signs to be seen by any person in a decision-making role. On 25 of November 2010, the False Bay Echo reported that the Fish Hoek bay is so contaminated that one should not swim in it after any rains and for a period of two to three weeks after that. These findings came from the Institute of Maritime Technology annual report and the City’s data research unit. Together with the regular closure of the beach over the past few months due to the presence of sharks, the economic and social impacts on this area will be considerable this summer. Already sports competitions and allied healthy activities are being affected, if not cancelled. In addition, Simon’s Town and its environs have issued a cautionary water usage warning as rainfall has failed to fill the supplementary dams in the area. Add to this the poor rains in the Southern Cape area and the drastic water rationing in Beaufort West and one can foresee a need for serious medium-term and long-term planning as well as visionary leadership. A complicating factor is the changing face of the climate and an increase in climate-related disaster-level events. The recently released Radar Western Cape 2010 report stated that the Western Cape is one of the most disaster-prone provinces in South Africa. One can only hope that the same determination and understanding that brought about this report begins to take hold at all levels of government in our land. [Time expired.]

TUESDAY, 30 NOVEMBER 2010 3021 †Mr P M JACOBS (ANC): Mr Speaker, the DA-led City of Cape Town has once more hit a brick wall in the Makhaza open toilet scandal. By an order of the Western Cape High Court it has to return the toilets it forcefully stole from the people as a punitive measure to get back at people who objected to the construction of temporary shelters. The Human Rights Commission also found that the unenclosed toilets are undignified. The DA, predictably, launched a personal attack on the Human Rights Commission and strangely the Premier is quoted in The Politician as saying: Let me be clear, nothing justifies an open toilet. It is an affront to human dignity Why is she right when she says it but the Human Rights Commission is the lackey of the ANC when it says it? [Interjections.] The desperate alliance then tries all sorts of tricks, but even its own city’s investigation proved the open toilets to be illegal. [Interjections.] †Mr M OZINSKY: The battery is running out. †Mr P M JACOBS: During the hearing the High Court also heard the City is acting on its own and outside the legal prescripts and national policy. Its excuse that the decision would impact on the budget, and also that it had an agreement with the residents, was rubbished. The City was clearly told that the standard it uses is only permissible for emergency housing and that open toilets are not in any way provided for. The funding for the enclosed toilets was adequate, the national department said. The ANC is anxiously waiting upon the City to replace the toilets it removed with jack hammers and for the court to give the final ruling. [Interjections.] †Mr M C WALTERS (DA): Mr Speaker, it is clear to me that the one factor that has degenerated over the past several decades in education, service delivery, policing, employment and all aspects of social and commercial life is that of discipline. Discipline, and especially self-discipline, is the intrinsic part of our interaction with each other and allows society to function in spite of the fact that individuals and even political parties often have divergent interests. When we view the problems in the education system related to violence, gangsterism, high drop-out rates before reaching a level where productive contributions can be made, absenteeism and the laxness of certain teachers, vandalism and the huge costs thereof then we cannot other than arrive at the conclusion that the root cause of these problems is lack of discipline. Discipline must be instilled in children from an early age in the family home. As they advance, discipline must be reinforced by their experiences in the family environment, the school and schoolyard, in the work place and by their experience on the sportfields and in social interaction.

3022 TUESDAY, 30 NOVEMBER 2010 The erosion of discipline has taken place over time and in such a fashion that the reversal of this process will be very difficult, but it is nonetheless essential, as in education so also in all aspects of human endeavour. The reinstatement of discipline as the basis for the creation of a prosperous and happy society, in which crime is at a minimum and all people can exercise their intrinsic human rights in safety and confidence, will require all our dedication and intelligence on both sides of the House. This essential goal should be debated, strategies devised to implement it and concentrated effort exerted to deploy it. *Mr H P GEYER (DA):Mr Speaker, the members on the other side of the House again proved last week that they are not interested in carrying out the wishes of voters, but are trying to disrupt the running of this government with cheap politics. What is more, Mr Speaker, hon Uys has alleged in the media that the consolidated report of the outcomes of the annual reports was not given to them in time.We spent days and nights here working through the annual reports and cross-questioning Ministers. Reports are merely the summary of the decisions on events of the past weeks in a compact format for discussion in the House.[Interjections.] Mr Speaker, every member of the committee concerned received a draft report, to which some changes were made. Every member was therefore already familiar with the contents of the report as well as the resolutions taken. I am warning the ANC that you probably think you got away with that googly, …[Interjection.] ... and that the press swallowed the bait. But I am warning the hon members that the press doesn’t like being fooled with.[Interjections.] *Ms E PRINS: What press? *Mr H P GEYER: The press will soon realise that hon Uys only told half of the truth.[Interjections.] †What is even more shameful, Mr Speaker, is that they had already advised us during the morning, that unless the DA allows two hours for debate… [Interjections.] … †The SPEAKER: Order, members! Order! Thank you. Hon Geyer, you may continue. †Mr H P GEYER: ... they would not participate in the debate. †Mr M SKWATSHA: That’s a lie. †Mr H P GEYER: Why did the honourable Uys not mention that to the press? Sis man, we don’t do that! [Laughter.] Mr Speaker, by refusing to participate in the debate, the ANC neglected their oversight role, which could have been done constructively. †Mr M SKWATSHA: That’s a lie. †Mr H P GEYER: They used that as a feasible excuse to try and disrupt the functioning of the House.

TUESDAY, 30 NOVEMBER 2010 3023 Walking out is sensational if it happens once or twice, but it can become quite boring and the press might not find it so funny in future. [Interjections.] †Mr M SKWATSHA: That’s a lie. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: On a point of order, Mr Speaker, and I wish I didn’t have to do this: Hon Skwatsha has said three or four times, “That’s a lie”, “That’s a lie”, “That’s a lie”. [Interjections.] †Mr M OZINSKY: Maybe we should just walk out of the House. [Interjections.] An HON MEMBER: Any time. †The SPEAKER: Order members, the hon Minister is on the floor addressing the Chair. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I think the hon member has had a verbal emetic, sir. I would ask, Mr Speaker, that you rule that he withdraw those statements and unconditionally apologise for them. †The SPEAKER: Thank you very much. Hon Skwatsha, could you address me on that, please? †Ms K A MQULWANA: He was given a directive, so he must act on that. †Mr M SKWATSHA: Thank you, Mr Speaker. If you listen to what hon Geyer says, the Chief Whip would agree with me that hon Geyer is lying. [Interjections.] †The SPEAKER: Hon Skwatsha, I am ruling on the matter that we are not allowed to use that word, as it is unparliamentary. That is the rule and I would ask you to kindly withdraw and apologise to the member. †Mr M SKWATSHA: Yes, the hon member is being economic with the truth. I apologise for saying it’s a lie. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No, sorry. Mr Speaker, I ask that you enforce your ruling. †Mr M SKWATSHA: Mr Speaker, I withdraw saying it’s a lie, but the hon member is misleading the House. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No, no, he can’t qualify. †Mr M SKWATSHA: It’s like he’s economic with the truth. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: You can’t qualify. †The SPEAKER: Hon Skwatsha, I wouldn’t like us to go into another issue of misleading, because that means a substantive motion must be put to the House for investigation.

3024 TUESDAY, 30 NOVEMBER 2010 I’m informing you, hon Skwatsha, specifically, on the issue of the use of the word “lie”, applying to any hon member in the House, that that is unparliamentary. I ask that you withdraw that and apologise to the hon member unconditionally. Thank you very much, sir. †Mr M SKWATSHA: I do profusely and profoundly apologise. An HON MEMBER: And withdraw. †The SPEAKER: You have to withdraw. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: And withdraw. Mr Speaker, we’ve only had a conditional withdrawal. May we please have a withdrawal? †The SPEAKER: Please, I’m just asking for a withdrawal and apology, hon Skwatsha. †Mr M SKWATSHA: I profoundly withdraw. †Mr H P GEYER: And apologise. †The SPEAKER: Thank you very much. Members, please let us refrain from that. We have objections to certain things, but let us not overstep the line, and if we do, let us just kindly apologise to each other. We are all honourable members and we maintain the dignity of the House. Hon Geyer, could you kindly conclude to your statement. †Mr H P GEYER: Thank you, Mr Speaker. What’s more, the people who voted for you – that’s the few comrades that are still left – might distance themselves from Members of Parliament who play games instead of getting down to business and getting the job done. [Interjections.] The DA government is not going to be disrupted by ANC tantrums. We are here to do a job for the people of this province and we shall fulfil that commitment. [Interjections.] The ANC has failed as a government in this province, and what is more, they are failing as an opposition party. They are merely wasting taxpayers’ money through their actions. [Interjections.] †Ms V HANI (ANC): Mr Speaker, what a fine mess the DA-led City of Cape Town Metro Police has become. [Interjections.] It appointed as Police Chief a friend of the former Swartland Municipality Mayor, Mr Bredell, but in only a few months Rob Young has taken this rogue police force to low levels. [Interjections.] He appointed his stepson in Cape Town as a constable with false claims of prior experience in the Swartland. The son jumped ship after his qualifications were queried ... [Interjections.] ... and Young followed amidst a nepotism hearing. A few weeks ago a senior traffic officer, Henry Swift, ... †The SPEAKER: Order, members! No running commentary, hon Hani is on the floor. Please continue.

TUESDAY, 30 NOVEMBER 2010 3025 †Ms V HANI: ... a friend of mayoral committee member J.P. Smith, was fired amidst claims of irregularities. [Interjections.] The Cape Metro Police lurches from one scandal to the other of nepotism, corruption and undue brutality against the public it should serve, with regular complaints about its members’ poor control over arms and ammunition. A thousand bullets are still unaccounted for. [Interjections.] There are investigations for the theft of petrol ... †Mr M OZINSKY: Why did ... [Inaudible.] ... shoot the children? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Just like Chancellor House. †Mr M OZINSKY: Pieter van Dalen shot two children and you promoted him. †The SPEAKER: Order, members! [Interjections.] Hon Ozinsky and hon Carlisle, hon Hani is on the floor and she is being drowned out by the other members. Please afford her the opportunity. Hon Hani, please continue. †Ms V HANI: There are investigations into the theft of petrol and more complaints about the misuse of council property, sexual harassment, ill discipline and even irresponsible behaviour. [Interjections.] Over the last few months at least six officers have resigned. More senior staff were driven out. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Why? †Ms V HANI: A cloud of serious allegations hangs over the Metro police. [Interjections.] It has become a hotbed of all sorts of irregularities. [Interjections.] Not the least is the shooting with rubber bullets of two boys... [Interjections.] … †The SPEAKER: Order, members! Order! †Ms V HANI: ... aged six and seven, playing soccer in Khayelitsha. The ANC says the National Minister of Police should intervene and take control of the Cape Metro Police. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: You’d love that, wouldn’t you? †Ms V HANI: Yes. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Then they can be nice and dishonest again like they were under the ANC. [Interjections.] †Mr M OZINSKY: You promote Van Dalen after he shoots two children. †The SPEAKER: Thank you very much. Order members! †Ms P W CUPIDO (ACDP): Mr Speaker, the recent reports from the Department of Human Settlements stating that more than a third of the houses in Philippi’s Samora Machel area are being illegally occupied, must not come as a surprise to the Minister. [Interjections.]

3026 TUESDAY, 30 NOVEMBER 2010 †The SPEAKER: Order members! You are not affording the member on the floor the opportunity to address us. You are drowning her out. Your heckling is not heckling, it’s actually disruptive. Thank you very much. †Ms P W CUPIDO: According to an Intern Africa report of March 2006, it is common for locals to sell their RDP houses to people who turn them into flats or dormitories for tenants. The City’s Executive Director of Housing, Hans Smit, said people often do not understand the value of home ownership. Smit said that when people who had been cash-strapped all their lives realised what they could get for their RDP houses the importance of the money overshadowed the importance of home ownership. In some cases people were manipulating the system and getting a second RDP house, even though the National Housing Policy states that a person can only get one subsidy. Smith did, however, acknowledge that the housing system was faulty and not perfect at all. *Mnr Speaker, this trend is a major concern ...[Interjections.] *The SPEAKER: Order, members! *Ms P W CUPIDO: Mr Speaker, this trend is a major concern and the problem is much wider than Samora Machel in Philippi. The ACDP requests the Minister to ensure that beneficiaries of government-subsidised properties are living in their legal houses and that such illegal transactions are stopped. *Mr E H ELOFF (DA):Mr Speaker, the media often draws people’s attention to what is happening in the cities, and the Western Cape is no exception. Development, job creation, tourism and service delivery issues in urban areas attract more attention and that’s why people often forget that rural and remote communities in our province are faced with the same problems. Moreover, governments often neglect rural development and put the focus on urban areas. The depopulation of rural areas puts extra pressure on urban areas which means that increasing slices of departmental budgets have to be focused on urban development. The population pressure in cities is increasing drastically. The municipal area of Unicity Cape Town covers approximately 2 460 km2 with an estimated population of 3,49 million people in 2007. In contrast, the Central Karoo covers an area of 22 300 km2 with only 56 331 people. However, with this huge land area, it is one of the poorest areas in the Western Cape. The rural area of our province is nevertheless full of potential. The DA is therefore pleased to learn that the Department of Agriculture’s strategic objectives will focus on rural development through agriculture. Agriculture is a cornerstone of the Western Cape and of the rural economy. The primary agricultural production represents 25% of all economic activity in the Central Karoo, 23,7% in the Overberg, 23% on the West Coast and 23,7 % in the Cape Winelands. The department’s goal is to improve agricultural production by 10%.

TUESDAY, 30 NOVEMBER 2010 3027 The effect on the rural economy will be drastic. An improvement in production will be followed by job creation and infrastructure development. This could result in a massive regeneration of the countryside, where people will move to these areas for opportunities, and not only to the cities. The countryside has huge potential for job creation and economic growth. It just takes the right approach and the political will, and the DA has that will.

DROUGHT IN KAROO

(Notice of motion) †Ms E PRINS: Mr Speaker, I give notice that I shall move: That the House debates the devastating drought experienced by Karoo

farmers, which forced them to kill their animals. [Notice of motion as given by member.] Ms E PRINS: Mr Speaker, I give notice that I shall move: That the House debates the devastating drought experienced by Karoo

farmers which is forcing them to cull their animals. [Notice of motion as printed on Order Paper.]

CHAOS IN METRO POLICE

(Notice of motion) †Ms V HANI: Mr Speaker, I give notice that I shall move:

That the House debates the chaotic mess that the DA-led Cape Town Metro Police has slipped into.

[Notice of motion as given by member.] Ms V HANI: Mr Speaker, I give notice that I shall move: That the House debates the chaotic mess into which the Cape Town Metro

Police, led by the Democratic Alliance, has slipped. [Notice of motion as printed on Order Paper.]

LATE SHIRLEY DUNSTER

(Motion of condolence) †Mr T R MAJOLA: Mr Speaker, I move without notice: That the House express its condolences with the family of Shirley Dunster of

Vredendal, a 41-year-old woman and a mother a three children, who was brutally murdered on Saturday 20 November 2010. May her soul rest in peace.

[Motion as moved by member]

3028 TUESDAY, 30 NOVEMBER 2010 Mr T R MAJOLA: Mr Speaker, I move without notice: That the House expresses its condolences to the family of Shirley Danster

from Vredendal, a 41-year-old woman and mother of three children who was brutally murdered on Saturday, 20 November 2010, when her neck was cut open and her face was unrecognisably beaten, allegedly by her boyfriend.

[Motion as printed in Minutes.] Agreed to.

APPOINTMENT OF LT-GEN ARNO LAMOER

(Motion) †Ms V HANI: Mr Speaker, I move without notice: That the House welcomes the permanent appointment of Lt-Gen Arno Lamoer

as Western Cape Provincial Commissioner and wish him well in this position. [Motion as moved by member] Ms V HANI: Mr Speaker, I move without notice: That the House welcomes the permanent appointment of Lieutenant-General

Arno Lamoer as the Western Cape Provincial Commissioner of Police and wishes him well in his new position.

[Motion as printed in Minutes.] Agreed to.

VICTIMS DIE IN FIRE IN KHAYELITSHA KALKFONTEIN

(Motion of condolence) *Ms C LABUSCHAGNE: Mr Speaker, I move without notice: That the House expresses its sympathy and condolences to the communities

and families in Barcelona in Gugulethu (NY 108 area), Inkaneni in Khayelitsha and Kalkfontein where eight people died during the weekend due to fires, namely Maxine Kafier and her friend Victor Chibondo, Mzoxolo Hlalayedwa and three of his children, Azoze Pomtala, Onako and Esinako and his brother, Siyabulela Saliti, and another unknown person.

[Motion as moved by member.] Ms C LABUSCHAGNE: Mr Speaker, I move without notice: That the House expresses its condolences and sympathy with the

communities and especially with the families of those who died in the informal settlements Barcelona in Gugulethu (NY 108 area), Inkanini in Khayelitsha and Kalkfontein in Kuils River, where a total of eight people died during the past weekend as a result of different fires, namely –

TUESDAY, 30 NOVEMBER 2010 3029

Maxine Kafier (23) and her friend Victor Chibondo;

Mzoxolo Hlalayedwa (34) and three of his children, namely, Azoze Pomtala (10), Onako (8) and Esinako (5), as well as Mzoxolo’s brother, Siyabulela Saliti (19); and

another unidentified man. [Motion as printed in Miinutes.] Agreed to.

CONGRATULATIONS TO WCDOE

(Motion) *Ms A ROSSOUW: Mr Speaker, I move without notice:

That the House convey its congratulations to the Western Cape Education Department under the competent leadership of Minister Grant, for being included in the McKinsey & Company study on improved education systems in 20 countries.

[Motion as moved by member.] Ms A ROSSOUW: Mr Speaker, I move without notice: That the House extends its congratulations to the Western Cape Education

Department under the very able leadership of Minister Donald Grant, which has been included in the study of McKinsey & Company in 20 countries in which education systems are improving.

[Motion as printed on Order Paper.] An HON MEMBER: Good! †Mr M OZINSKY: Speaker, I can only agree to that motion if it’s amended to say that the report found that this began eight years ago under the ANC, because it was not under the leadership of this MEC that this thing started. [Interjections.] An HON MEMBER: Ag, you have sour grapes, friend.[Interjections.] Mr M OZINSKY: It’s not. It covers eight years. [Interjections.] We oppose. †The SPEAKER: Is there any objection to the motion being moved without notice? HON MEMBERS: Yes. [Interjections.] †The PREMIER: No, not at all. It started with the DA. [Interjections.] †The SPEAKER: There are objections to the motion being moved and it will therefore be printed on the Order Paper.

3030 TUESDAY, 30 NOVEMBER 2010

UPGRADE OF GEORGE AIRPORT

(Motion) †Mr P UYS: Mr Speaker, I move without notice: That the House welcomes the proposal that the Airport at George be upgraded

to an international airport, which will bring a big boost to tourism and investment in the area.

[Motion as moved by member.] Mr P UYS: Mr Speaker, I move without notice: That the House –

(1) welcomes the proposal that the airport at George be upgraded to an international airport; and

(2) is of the view that this would be a very big boost for tourism and

investment in the Southern Cape. [Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO SPRINGBOKS

(Motion) †Mr Z C STALI: Mr Speaker, I move without notice: That the House congratulates the Springboks’ on their 21-11 victory against

England at Twickenham, which will give Springbok a boost ahead of the 2011 World Cup.

[Motion as moved by member] Mr Z C STALI: Mr Speaker, I move without notice: That the House – (1) congratulates the Springbok rugby team on their victory of 21-11 against

England at Twickenham on Saturday, 27 November 2010; and (2) believes that this victory will give the Springboks a welcome boost ahead

of the 2011 World Cup tournament in New Zealand. [Motion as printed in Minutes.] Agreed to.

TUESDAY, 30 NOVEMBER 2010 3031

CONGRATULATIONS TO VASCO DA GAMA SOCCER CLUB

(Motion) †Ms J L HARTNICK: Mr Speaker, I move without notice: That the House congratulates Vasco Da Gama with their 3-2 win over Kaizer

Chiefs. [Motion as moved by member.] Ms J L HARTNICK: Mr Speaker, I move without notice: That the House congratulates the Vasco Da Gama soccer team of Cape Town

on their victory of 3-2 over Kaizer Chiefs on Saturday, 27 November 2010. [Motion as printed on Order Paper.] †The SPEAKER: Are there any objections to the motion being moved without notice? HON MEMBERS: Yes. [Laughter.] The SPEAKER: As there is an objection to the motion being moved it will therefore be printed on the Order Paper. [Interjections.] †Mr M C WALTERS: Mr Speaker … †Mr M OZINSKY: Sorry, Mr Speaker, is it correct for the hon MEC Botha to call me a Jew boy? [Interjections.] No, you said “You’re a Jew boy”. You just said that now. [Interjections.] †Ms V HANI: That’s very serious. †The SPEAKER: Hon Walters could you please take your seat please. Hon Minister Botha, would you kindly address the Chair. [Interjections.] †The MINISTER OF HEALTH: I don’t know whether it’s permitted or not, but let me just say to you what I said and you can listen to Hansard. When he said Vasco De Gama was a colonialist, I said, “And you are a Jew”. So, you know, and I’m a boertjie, I’m Afrikaans, and so on. So what? If there’s anything wrong with it … †The LEADER OF THE OPPOSITION: Do you think that’s funny? †The MINISTER OF HEALTH: It’s not funny, man. †The LEADER OF THE OPPOSITION: It doesn’t make it right. †The SPEAKER: Thank you very much. [Interjections.] †Mr M OZINSKY: Speaker, if could just address you on that. †The SPEAKER: Please address me.

3032 TUESDAY, 30 NOVEMBER 2010 †Mr M OZINSKY: He did say that. I said to him, “What are you saying?” and he said, “You’re a Jew boy”. †The MINISTER OF HEALTH: No, that’s beside the point. †Mr M OZINSKY: That’s what he said. No, I heard him and the hon members also heard him. [Interjections.] †The MINISTER OF HEALTH: Mr Speaker, if I said he is a Jew boy I will resign. I repeat what I have just said: If I said he is a Jew boy I will resign. Let me also tell you another thing: If I said “Jew boy”, I would have admitted it because I’m not a coward, but don’t try things that are not applicable. [Interjections.] †The SPEAKER: Thank you members, hon members. I will draw the Hansard on the matter. [Interjections.] Let me draw the Hansard and listen to that. Can the Table make a note of that and also note the time. [Interjections.] Order, members! [Interjections.] Order, members!

HANUKKAH CELEBRATIONS

(Motion) †Mr M C WALTERS: Mr Speaker, I move without notice: That the House extends its best wishes to the Jewish community for a Happy

Hanukkah. As you celebrate the Festival of Lights, may you be inscribed in the Book of Life and may your homes be bright with happiness and love. May you find meaning in the season and peace in your heart.

[Motion as moved by member.] Mr M C WALTERS: Mr Speaker, I move without notice: That the House – (1) extends its best wishes to the Jewish community for a happy Hanukkah;

and (2) expresses the wish that, as they celebrate the Festival of Lights, they may

be inscribed in the Book of Life, that their homes may be bright with happiness and love and that they may find meaning in the season and peace in their hearts.

[Motion as printed in Minutes.] Agreed to. †Ms K A MQULWANA: Just in good time.

TUESDAY, 30 NOVEMBER 2010 3033

FAILURE OF CITY OF CAPE TOWN TO INVESTIGATE COMPANY ACCUSED OF USING BLACK PEOPLE FOR FRONTING

WHEN TENDERING

(Motion) †Mr M SKWATSHA: Mr Speaker, I move without notice:

That the House debates the failure of the City of Cape Town under the DA to investigate the company accused of using black people for fronting when tendering and the City’s attitude towards its legal obligation in relation to the complaints as well as its non-participation in court proceedings.

†Ms M TINGWE: Viva, Skwatsha, viva! †The SPEAKER: Hon Skwatsha, there’s a point of order. We’re busy with motions without notice. [Interjections.] †Mr M SKWATSHA: No, sorry, it’s a motion with notice. [Interjections.] †The SPEAKER: We’re busy with motions without notice. [Interjections.] †Mr M SKWATSHA: Oh, okay. [Interjections.] †The SPEAKER: Thank you, hon Skwatsha, next time. You should have done it earlier. †Mr M SKWATSHA: Can I move this one because we have finished with motions without notice? [Laughter.]

CONGRATULATIONS TO MESSRS B EKSTEEN AND R J BOTHA

(Motion) *Mr E H ELOFF: Mr Speaker, I move without notice:

That the House conveys its congratulations to Mr Bartho Eksteen of Pietersfontein, Hermanus, nominated Diners Club Winemaker of the Year, as well as Mr RJ Botha of Nitida, nominated Young Winemaker of the Year.

[Motion as moved by member.] Mr E H ELOFF: Mr Speaker, I move without notice: That the House extends its congratulations to – (1) Mr Bartho Eksteen of Hermanus, Pietersfontein near Hermanus who was

nominated as Diners Club’s Winemaker of the Year on Saturday evening, 27 November 2010, near Stellenbosch; and

(2) Mr R J Botha of Nitida near Durbanville who was crowned as Young

Winemaker of the Year at the same function. [Motion as printed in Minutes.] Agreed to.

3034 TUESDAY, 30 NOVEMBER 2010

AMENDMENT OF DRAFT RESOLUTION

(Motion) †The LEADER OF GOVERNMENT BUSINESS: Mr Speaker, I move:

That the resolution adopted by the House on 16 November 2010 on the establishment of an ad hoc committee be amended as follows:

To omit all the words after “That” and to substitute “an ad hoc committee consisting of seven Members be appointed to investigate and report on the question whether allegations made by the Leader of the Official opposition or any remark made during the sitting on 16 November 2010 that can be detected from Hansard violated the Standing Rules, established practice or convention or impugned the dignity and integrity of the Speaker, the Office of the Speaker or the House, the Committee to have the power to hear evidence and call for papers.

Mr Speaker, the resolution refers to remarks made in the House during the debate on 16 November 2010. The House needs to look into these allegations and to determine whether or not parliamentary procedures wereh violated. In the larger context, Mr Speaker, I propose that the committee determines whether the procedures of this House have been violated, that such allegations are looked into and it is determined whether they are true or untrue. What is at stake here is the honour and integrity of the Speaker, of the House, of the Legislature and of the institution as a whole. In this institution there is a set of rules and regulations in place that cannot be violated Members cannot act in any way they wish if it is not in accordance with the Rules. Provision is made for ample speaking opportunities and members have allocated time slots to give their opinions, comments and considered rationales, but there are procedures for this and they should be followed. Proposals must be handed in and there are notice times in place. The actions that we have experienced are symptomatic of a party that has no discipline, that makes comments if and when it pleases and has no respect for the procedures and the Rules of the House. To take the argument even further, Mr Speaker, if this is the discipline demonstrated in the House, one can only imagine why our country is in the state that it is. [Interjections.] †Mr M OZINSKY: Because of apartheid and your role in it. †The LEADER OF GOVERNMENT BUSINESS: Under these circumstances the House needs to know whether the comments of 16 November are in violation of the Standing Rules. We need to know that and it needs to be investigated so that action can be taken against such transgressors. Mr Speaker, as if this were not enough, the following week the party on the other side of the House actually decided to leave the House, again for unfounded reasons. [Interjections.]

TUESDAY, 30 NOVEMBER 2010 3035 Mr Speaker, the way in which many members acted earlier today during the sitting in the House and were contentious towards the Speaker and the institution, was actually a continuation of what transpired here on 16 November 2010. We should take a firm stand on this. We should investigate it and determine whether the Rules were broken. [Interjections.] †Ms P W CUPIDO: Mr Speaker, I have never in eight years experienced so much chaos in the House as in the past 18 months, especially over the last month. Hon members on both sides of the House will agree with me on this; and it is unfortunate that there are also Ministers who participate in the chaos. The ACDP would like to express serious concern about how the DA governs the House. Mr Speaker, on 12 November 2010 the Deputy Speaker made a certain ruling about business standing over. On 16 November the Speaker made a contradictory ruling, which tells me that the Speakers do not talk to each other on important matters such as the Rules of the House. *Mr Speaker, the fact that Minister Theuns Botha wants to appoint an ad hoc committee to examine and maintain discipline in this house is a direct vote of no confidence in the Speaker and his ability to maintain order in the House. The Speaker did not announce an order ruling in the council chamber on 16 November. The Speaker and members of the House were all present, and there was no order ruling regarding the disorder referred to. †If the DA has problems with the Speaker you must address that in-house in your caucus and not hang your dirty washing out in the Chamber. According to the Rules, allegations made by a Member of the House against another member must be addressed in the House by the Speaker; or the Speaker can consult Hansard afterwards, if so requested, and bring his findings and ruling back to this House. It is a greater insult to the Speaker’s dignity and integrity if his performance in the Chair as Speaker is overruled by members of his own party wanting to institute an adhoc committee to do what he should have done in the first place, but did not find it necessary to do. *The CHIEF WHIP (DA):Mr Speaker, the motion whose amendment we are going to debate today, was submitted on 16 November 2010. [Interjections.] †Mr M OZINSKY: I hope you get the motion correct this time. †The SPEAKER: Order members! Hon Rossouw, please continue. †Mr M OZINSKY: How many times have we read it now? *The CHIEF WHIP (DA):The Speaker advised hon Minister Botha that the contents of the motion contained factual errors or were not moved correctly in accordance with the Rule Book. †Mr M OZINSKY: That’s what we read; fit for purpose. *The CHIEF WHIP (DA):Minister Botha immediately prepared a new motion that was then filed, of which notice was given, and which is on the order paper today.[Interjections.]

3036 TUESDAY, 30 NOVEMBER 2010 Mr M OZINSKY:[Inaudible.] The CHIEF WHIP (DA):I would not speak too loudly if I were those members on the other side, because there have been previous proposals to oust the previous hon Premier that also had to be amended. And let us examine that proposal for which Mr Ozinsky drafted an amendment. It was still not right, but it was so accepted.[Interjections.]We should rather not address that point, Mr Ozinsky, because there were already errors at the time.[Interjections.] †Mr M OZINSKY: Yes, but you made the mess, I didn’t ... [Interjections.] †The SPEAKER: Order, members! *The CHIEF WHIP (DA):Mr Speaker, the DA agrees that a debate is necessary, because quite a debate took place this morning in the Programming Committee.Its length this morning just goes to show again how long this debate on a proposal should be. †Mr M OZINSKY: Twenty minutes to discuss our annual reports. *The CHIEF WHIP (DA):What strikes me in this whole scenario is that if we had held elections in this country, there would be a party in government and a party in opposition. When one is in opposition, there will be certain times when the proposal one tabled will not be carried out.That is the whole dilemma of what took place here, from the first time, that led to the events of 16 November 2010. [Interjections.]I would appreciate it if the hon Ozinsky remained silent. †The SPEAKER: Hon members, please refrain from running commentary and continuous talking across the floor. The member is being drowned out and we cannot hear her clearly. *The CHIEF WHIP (DA):Mr Speaker, with the meeting of 16 November 2010 there was a walkout, precisely as a result of a decision made by you that the ANC refused to accept. Every time they do not get their way they look like children that throw their toys around. It has happened three times in this period that the ANC took their things and walked out of the House. We were elected as representatives of different political parties. We were not elected as members of the opposition, or even the ruling component, to take our stuff and walk out of the house when we do not get our way. The voters elected us to do our work here as their representatives and if that is how we fulfil our democratic responsibility, it doesn’t say much to the voters out there and we cannot expect them to support us. Mnr Speaker, I would like to agree to some extent with hon Cupido’s remarks. I have been in the House twice as long as she has and I think it is a serious accusation to see how the opposition denigrates the dignity of the House.[Interjections.]We are not saying we have to like a person …[Interjections.] ... but the way in which the dignity of the Chair is insulted, is a blot on the democratic dispensation in the House. It will have to stop, sooner rather than later, and that is why we support the enquiry that must be held.[Time expired.] †The SPEAKER: Order! I recognise hon De Lille.

TUESDAY, 30 NOVEMBER 2010 3037 †Mr M OZINSKY: Is she speaking for the DA or the ID? An HON MEMBER: Both. †The SPEAKER: The ID. †The LEADER OF GOVERNMENT BUSINESS: It doesn’t matter, she’s speaking to you. [Interjections.] †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, I have never been intimidated by the ANC, so the hon Max Ozinsky is wasting his time. [Interjections.] I’ve been a member of Parliament for many years, ... [Interjections.] … *Mr J J VISSER: When you were still wearing nappies.[Interjections.] †The MINISTER: ... but one thing that we’ve always done in any debate, whether it’s a robust debate or whether we disagree with one another, is that we have tried to maintain the decorum of the House and to afford the Speaker the respect that he deserves. [Interjections.] Mr M OZINSKY: [Inaudible.] The MINISTER: I know the Rules, Mr Ozinsky. The ID therefore, wants to support the motion that we go into the matter and investigate and get to the bottom of this. We can then get an objective report that sets out the whole matter and we can then make a decision. Thank you. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, if I look at the statements that were made in the House on those two occasions and subsequently at press conferences, I see that they are actually quite serious statements. †Mr M OZINSKY: Nothing worse than what you’ve said. †The MINISTER: The hon Leader of the Opposition said, and I quote from Hansard:

We cannot trust the ruling of the Speaker in this House. … It’s undemocratic. … You’re closing down democratic space by using all kinds of conventions.

These are extremely serious accusations, as it were, … [Interjections.] … and on the basis of that the ANC walked out. The second walk-out was quite clearly ... †Mr M OZINSKY: Have you never walked out? †The MINISTER: I’ve been thrown out, but I’ve never walked out. †Mr M OZINSKY: You have walked out. †The MINISTER: Mr Speaker, do you think you could ask the hon member if I could have a conversation with him after I’ve finished my speech? [Interjections.]

3038 TUESDAY, 30 NOVEMBER 2010 So this is serious. The second one really was a staged thing; everybody was packing up their bags long before a sort of order was given to them to leave. [Interjections.] I would think, Mr Speaker, that the ANC would strongly support this resolution – and I would follow my colleague, hon Patricia De Lille, in this regard – because if there is a concern that the Speaker is closing down the democratic space and that he cannot be trusted then we need to examine it. An HON MEMBER: Yes. The MINISTER: We need to examine it in addition to the other things we need to examine. †Mr M OZINSKY: Do you have a motion? †The MINISTER: Here is the motion, all ready for us and it enables us to cover the whole ground. I would like to say that I’m pleased that the ANC has this strong feeling about democracy, because before the great split occurred, Mr Speaker, you and I and hon Winde and others will remember that I couldn’t get anything through the committees. I was shut down, I was voted out ... [Interjections.] ... I’m telling you, by hon Strachan, by hon Gelderblom, etc. I was closed down on key issues, sir, such as the addition to the gambling tax for Grand West Casino. [Interjections.] That was one of the issues and has so far cost this administration over R80 million. [Interjections.] I was closed down and not allowed to discuss it. Therefore, the thing we really have to ask ourselves is the issue over questions, which is so complex that I can’t follow it. Is it an issue that says you will not ask questions, you will not allow to be asked questions, or is it an issue about when questions will be asked, whether members are here or not or whatever it is? Of course, it’s not about you not being allowed to ask questions. [Interjections.] Hon Ozinsky will know that I make myself totally transparent in my department. [Interjections.] Indeed, sir, I give him the documents. When he wants things I give him the documents. He’ll remember that. [Interjections.] Do you remember that? The SPEAKER: Order! The MINISTER: Let me come to the management report. When the Programming Authority meets the day before or the day before that, no mention is made of the report. †Mr M OZINSKY: What do you mean? †The MINISTER: No mention is made of the report. †Mr M OZINSKY: Were you there? †The MINISTER: I’ve got the minutes and I’ve talked to people who were there. The issue was time; should it be one hour or two hours? This party said one hour, that party said two hours, but no mention was made of the AT report. A day later, sir, suddenly the AT report is at the bottom of the principle. Now, with respect, I’ve been around politics a long time... †Mr M OZINSKY: And you would have walked out.

TUESDAY, 30 NOVEMBER 2010 3039 †The MINISTER: ... and I’m not taking that seriously for a moment. That’s playing games and if I may say so, Mr Speaker, juvenile games and very poorly executed. †Mr M OZINSKY: There was no report. †The MINISTER: If that’s the best the opposition can come up with, we’re in trouble. However, to go back to the first one, very serious allegations were made by the Leader of the Opposition. I’m sorry she’s not able to be here. †The PREMIER: Where is she? [Interjections.] †The SPEAKER: Order, hon members! †The MINISTER: I’m sorry that she’s not here. So let’s go into them. Incidentally, I was fascinated to see the ANC listening, enthralled, to hon Pauline Cupido when they have slaughtered her for the last three years. However, suddenly when she sings their tune, she’s the new heroine of the ANC. [Interjections.] So I would hope the smaller parties and the official opposition, Mr Speaker, will fully support this resolution. [Interjections.] Just support the resolution. [Time expired.] †The CHIEF WHIP (ANC): Mr Speaker, as you are very well aware, the resolution introduced by the Leader of Government Business on 16 November 2010, purporting to delegate authority to you to appoint an ad hoc committee, which he now seeks to amend, is an invalid action due to noncompliance with the Rules and, as is very clear, ultra vires the express provision of sections 23(4)(a) of the Constitution of the Western Cape. The fact that you, Mr Speaker, failed, for whatever unexplained reason, to rule on the motion introduced by the Leader of Government Business, either on 16 November 2010 or at the next sitting day, does not cure the resolution or make it valid. Mr Speaker, it is clear that the motion is intended by the Leader of Government Business, representing the DA government, to create an ad hoc committee with the powers of inquisition against the Leader of the Opposition, and in a manner that negates the rules and breaches both the national and provincial Constitutions, when you have clearly, as the Speaker, elected not to discipline her in any way. The purpose is clear: The Leader of Government Business seeks to selectively persecute the Leader of the Opposition for daring to insist that democratic principles operate in the House, including that there be equal treatment of members in the House, ... †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Really? †The CHIEF WHIP (ANC): ... that the opposition not be shown disfavour and prejudice, that the DA government Ministers not be shown favour and pampered, … †The MINISTER OF TRANSPORT AND PUBLIC WORKS: They are not.

3040 TUESDAY, 30 NOVEMBER 2010 †The CHIEF WHIP (ANC): ... that the House functions with due regard to participatory democracy and that the opposition is provided space to participate in the proceedings of the legislature in a manner consistent with democracy. [Interjections.] What is the conduct of the Leader of the Opposition that has given rise to the ire of the government and its Leader of Government Business? Simply this: On 16 November 2010, during the debate the Leader of the Opposition, representing the ANC, the party which introduced constitutional democracy to this country, ... [Interjections.] ... felt it necessary to uphold the Constitution and to point out that there was unequal treatment of Members of the House by you and, Mr Speaker, that this was a departure from our Constitution and from the Rules of the House. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Incorrect. †The CHIEF WHIP (ANC): What the Leader of the Opposition did, Mr Speaker, was to rise and point out that you had departed from Rule 178(2)(c), dealing with questions to Ministers standing over from previous question days and, as head of the independent legislature, showed favour to the DA government and prejudiced the opposition, instead of operating entirely independently and without fear or favour. Hence, when the Deputy Speaker, Mr Speaker, ruled on 12 October 2010 that a question from hon Max Ozinsky, MPL, should stand over due to his absence on official business, the Deputy Speaker did so, correctly, in compliance with the intentions of Rule 178(2)(c), in compliance with the right to equality as reflected in the Constitution and recognising the need to avoid prejudice and inequality and deepening democracy. By contrast, Mr Speaker, on Tuesday 16 November 2010, you ruled in the House that a question submitted by hon Ozinsky would not stand over due to his being absent on official business of the House and should be answered in his absence or be withdrawn and have to be resubmitted. Your ruling, not the subsequent point of order raised by the Leader of the Opposition, is what has given rise to bias, alternatively a perception of bias and fear of disfavour. [Interjections.] It is significant, Mr Speaker, that at no time, either on 16 November 2010, when she was present, or in her absence, or the following week at the subsequent sitting, did you take any action or sanction at all of whatever nature against the Leader of the Official Opposition in terms of the Rules. [Interjections.] †The SPEAKER: Order, members! Order! †The CHIEF WHIP (ANC): Mr Speaker, Rules 42 to 48 expressly and effectively equips you, as Speaker, to deal with a variety of situations where you objectively consider a member’s misconduct in the House. [Interjections.] The powers in the Rules are significant and include naming members and ordering members to withdraw, which is a serious sanction as it has the effect of removing an elected representative from expressing the view of the electorate.

TUESDAY, 30 NOVEMBER 2010 3041 Hence, through your inaction, your conduct clearly demonstrated and patently reflected that you did not, as Speaker, consider the conduct of the Leader of the Opposition to merit any type of sanction. The motion by the DA Leader of Government Business is clearly aimed at creating an ad hoc committee as an inquisition to selectively examine the conduct of the Leader of the Opposition and to attempt to sanction her. [Interjections.] Mr Speaker, the stated purpose of this ad hoc committee is not an even-handed examination of our Rules and the functioning of the House in the context of principles, such as equality, participative democracy and an absence of fear or favour. As such, it has the effect of unlawful and unconstitutional interference with and negating the express Rules providing powers to the Speaker, enabling you to ensure that the dignity of the House and its integrity are not impugned and that its proceedings are not disrupted, Mr Speaker. Opposition members of this chamber must live with the constant threat that whenever the Speaker decides not to take action the DA will; that when they don’t like an opposition member raising the notion of equal treatment in a democratic forum, they’ll appoint a committee with a mandate to target opposition members and act as an inquisition, and that those members will be silenced and the DA government will be unfairly protected and, we believe, shielded. Hence, Mr Speaker, we, as the ANC, today elect to vote for our national Constitution and against the motion as submitted here. [Interjections.] *The LEADER OF GOVERNMENT BUSINESS: Mr Speaker, the hon Chief Whip and the other ANC speakers can try their best to find technical reasons to attack this committee and they may find a technical reason – I do not know.[Interjections.]But I would tell you this:even if they do find a technical reason, we will rectify that technical deficiency and redo it, but the behaviour ... †Mr M OZINSKY: Whatever happens you’re going to do it your way. *The LEADER OF GOVERNMENT BUSINESS: ... shown in the House on that day and the conduct of the Leader of the Opposition, based on the misrepresentation of facts she received from the ANC Chief Whip, to which she … *The CHIEF WHIP (ANC):Mr Speaker, no misstatements were made. None, absolutely not. *The LEADER OF GOVERNMENT BUSINESS: Mr Speaker, I don’t know where the Chief Whip found that rule that allows him to think he can get up now.[Interjections.]Don’t get so excited, brother, wait your turn. Mr Speaker, there was a meeting of the Programming Authority on 12 October 2010 to deal with the whole issue of the questions.[Interjections.]There, too, the hon Chief Whip of the ANC asked – after it was made clear to him how it would work and after there was a letter from you to say how it would work – asked that his negative vote be minuted there.It gives me an indication that he knew exactly what was happening there.

3042 TUESDAY, 30 NOVEMBER 2010 Yet he came to the House that same day and made a proposal as if something else had been decided by that Programming Authority. It’s serious. He came out of the meeting, he had approved the minutes for the meeting about which we had to take an immediate decision, and he dished up facts that were not correct to us in the House. [Interjections.] The Leader of the Opposition responded to that action of his and it degenerated into that tirade of her, or whatever we can call it.[Interjections.]Everything was based on his allegations. What was said on that day and done on that day did not honour this House. It affected your position and we have to analyse it seriously and decide if that is the way we want things to be in Parliament. I cannot understand, if the ANC are as innocent as they claim to be, why they do not want a committee? †Mr M OZINSKY: Because we don’t trust you. [Interjections.] *The LEADER OF GOVERNMENT BUSINESS: Therefore, Mr Speaker, the ANC has already proved that they are an absolutely pathetic opposition. An HON MEMBER: Hear! Hear! The LEADER OF GOVERNMENT BUSINESS: They would rather leave the democratic space because their arguments have dried up. †Mr M OZINSKY: Because you won’t answer our questions. *The LEADER OF GOVERNMENT BUSINESS: During important debates, they leave the debates.[Interjections.]If they want to protect their democratic space and the Constitution and all that goes with it, let them allow this committee. We cannot arrive at an unfair answer from this committee, because that unfair answer can also be taken on appeal. There are mechanisms in this country, but they cannot afford that we make public what they did that day and member Uys knows it very well.[Interjections.] Debate concluded. Question put. Division demanded and the House divided. Ayes – 22 Botha, T L; Bredell, A W; Carlisle, R V; De Lille, P; Eloff, E H; Fritz, A

T; Geyer, H P; Grant, D A C; Hartnick, J L; Labuschagne, C; Madikizela, B S; Majola, T R; Marais, A J D; Meyer I H; Rossouw, A; Visser, J J; Van Rensburg, H G; Von Brandis, E J; Walters, M C; Wiley, M G E; Winde, A R; Zille, O H.

Noes – 10 Beerwinkel, C F; Hani, V; Magwaza, N; Ozinsky, M; Prins, E;

Skwatsha, M; Stali, Z C; Tingwe, M; Uys, P; Witbooi, J. Amendment agreed to. Resolution, as amended, accordingly agreed to.

TUESDAY, 30 NOVEMBER 2010 3043 †Mr M OZINSKY: That’s why we see your witch hunt. What happens then? It will only end in court, I’m sure. [Interjections] Finally, people are seeing what the DA is all about. [Interjections.]

WESTERN CAPE HEALTH CARE WASTE MANAGEMENT AMENDMENT BILL [B3B—2010]

(Consideration and finalisation) †The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Speaker, the health care risk waste management is an area of great concern in South Africa. Problems are also experienced with regards to the limited treatment capacity available in South Africa. The Western Cape has enough treatment capacity and treatment of its health care risk waste occurs at two treatment facilities, one in Delft and the other in Montagu Gardens. Mr Speaker, the Western Cape Health Care Waste Management Act was drafted to manage the risk posed by health care risk waste to communities and the environment and to realise their environmental rights in terms of the Constitution. The Act was developed through an extensive public participation process and provides for the effective management, handling, storage, collection, transportation, treatment and disposal of health care risk waste by all persons in the Western Cape. It will achieve this objective by establishing a healthcare waste management system, which will track all healthcare risk waste generated from the cradle to the grave. This will prevent potential incidents of the illegal dumping of healthcare risk waste. Furthermore, the Act criminalises the illegal dumping and mismanagement of healthcare risk waste and prescribes specific responsibilities for the generators, the transporters, the treaters and the disposers of healthcare risk waste. The clear message of this Act is that all generators, transporters, treaters and disposers of healthcare risk waste have a duty to care in managing their healthcare risk waste in a responsible manner. Therefore, the onus is on them to ensure that the management of their healthcare risk waste has no adverse effect on human health and the environment. Mr Speaker, this has gone through an extensive programme and process of public participation and the Draft Amendment Bill was published for public comment on 5 October 2009. On 10 February 2010, the approval was granted by the provincial Cabinet for the introduction of the Western Cape Healthcare Waster Management Amendment Bill. The process for comments ran from 28 May 2010 to 29 June 2010. During this process only one comment was received and that was from the City of Cape Town. We presented it to the standing committee on 20 July 2010. The standing committee also put forward questions regarding the Bill, which were to be addressed by the department at the follow-up meeting on 27 July 2010. The standing committee then conducted two public hearings on 24 August 2010 in Cape Town and 4 September 2010 in George, after which they also approved this Bill. *Ms P W CUPIDO: Mr Speaker, the ACDP supports the Amendment Bill.

3044 TUESDAY, 30 NOVEMBER 2010 *Ms J A VAN ZYL:Mr Speaker, Cope supports the Amendment Bill. †Mr M OZINSKY: Mr Speaker, let me start by saying the ANC supports the Bill. I think all of us have been outraged by scenes of children playing on a field somewhere, and I remember a particular case in Elsies River where kids were playing on the field and when they put their hands out they picked up some old syringes, surgical gloves covered in blood and other medical equipment. Unfortunately this is the reality that does exist and it still happens today. So the Bill is very urgently needed. Let me also say, though, that there were some problems with the public participation process. I know the DA didn’t want to have public participation and that meant that the Legislature did not arrange a proper public process. For instance, the standing committee flew to George to have a hearing there and there was only one person, but she hadn’t actually come to make an input. †The SPEAKER: Order! Hon Ozinsky, please take your seat. Hon Visser? *Mr J J VISSER: The hon member is misleading the House. He makes assumptions that are not based on facts.[Interjections.] †Ms N P MAGWAZA: No man, say nothing. †The SPEAKER: Hon Ozinsky, please continue. †Mr M OZINSKY: This is precisely how the DA shows it doesn’t want to debate issues. They don’t want to listen to other voices. [Interjections.] The problem, I subsequently discovered, was that an official of Parliament was meant to go to the Southern Cape and arrange public participation and to talk to the various organisations that would be affected. Unfortunately, that official was prevented by management from going there – and I presume it came from the very highest office in the Parliament. As a result, no one knew about the event and then we wasted money by going and spending a whole day there. [Inaudible.] The second issue that I want to raise is the one that was raised by the lady from the ACVV, who came here to make a presentation. She might not have spoken directly on the Bill, but she raised some very important issues in the House. In particular, she raised issues about the cost to NGOs of implementing the Bill. For instance, they are required to have separate bins in their old-age homes, because medical waste does not only exist in hospitals, it also exists in old-age homes where they manage people who have ongoing medical problems. They have huge costs, because they find it difficult to find a contractor to remove the waste that they produce – people whom they have to pay to take the waste away – and they cannot afford that. Although it was not part of the Bill, I think the committee agreed unanimously that we should ask the government to ensure that it makes free facilities available –in the clinics and the hospitals that also generate medical waste – so that NGOs, like the ACVV and the many others that run old-age homes can take their waste to those facilities to be disposed of by the government. If they don’t do so, a Bill like this can actually lead to the closure of old-age homes and other facilities, which would be an unintended consequence.

TUESDAY, 30 NOVEMBER 2010 3045 Unfortunately, the problem is that we don’t know whether that plea has been taken up anywhere. It is a very reasonable issue, however, and that lady came all the way from Worcester to raise her problem, because she felt she did not have anywhere else to do so. Now I want to ask members if the ACVV, which is a very well-resourced organisation – and I know they need more money, so I am not saying they’d agree – compared to many other NGOs that are looking after the aged and the sick and so on, and which has many, many years of experience and has done lots of good of work, is facing that problem, can you understand the problem that a small group of home-based carers running a small home looking after the aged somewhere in a community or in a township, and who also produce medical waste, will have with that waste? While supporting the Bill, my concern is whether we actually are doing anything to help those people. This is a challenge, and the department was sitting in the committee when the citizen from the ACVV raised the issue. Thank you, Mr Speaker. †Mr M C WALTERS: Mr Speaker, I must thank hon Ozinsky for the very clear way in which he has illustrated the problems with regard to waste generated by old-age homes. Unfortunately, he and the Minister have, to a large extent, subverted my particular contribution. However, I think I’ll run through it very quickly. Health care waste intrinsically holds threats to the health of communities that generate it and to that of the communities in areas where it is disposed of and I just want to touch on a few aspects. We dealt with a Bill that had a minimum of amendments, which were utilised to bring the 2007 Bill into line with the national Bill which came out in 2008. It served before the standing committee and we steered it through the prescribed processes. It was advertised for public participation and, in spite of what Mr Ozinsky said, I think one of the problems was that it wasn’t a Bill with any substantial changes. There were changes to the text, definitions, etc, merely to bring it in line with the national Bill. The attendance was very disappointing, I agree. There were no members of the public in George, but it had been advertised and there was a representative of the District Council present. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: It was like an ANC meeting in Mitchells Plain. [Laughter.] †Mr M C WALTERS: We did not want to limit public participation at the meeting in Cape Town, but such a minimal Bill didn’t warrant going to 10 places across the Western Cape. The meeting in the Chamber was also not attended by people who really wanted to look substantively at the Bill. I, as Chairperson, allowed the lady from the ACVV to make a contribution. I think it was a very pertinent contribution and it must certainly be looked at to make facilities available to NGOs where they can deposit these materials, which can then be taken to a central place for proper disposal.

3046 TUESDAY, 30 NOVEMBER 2010 The Bills have been examined by the legal advisors in the Premier’s department and we have presented them to the House with the certainty that these Bills are necessary and very pertinent and also well designed to meet their objectives. I must thank the members of the committee and the officials, who made significant contributions to finalising the whole debate around the Bill and I think Parliament can be quite certain that it serves the purpose for which it was designed. †The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Speaker, we thank the Chairperson and those in the standing committee for the work they have put into this, as well as, especially, two of my officials, Dr Lena … [Inaudible.] … and Dr Arendse. I think they have produced an excellent document and I table this Bill before the House, thank you. Debate concluded. Bill finalised. The Bill having been finalised will now be sent to the Premier for assent.

WESTERN CAPE PROCUREMENT (BUSINESS INTEREST OF EMPLOYEES) BILL [B 7—2010]

(Consideration and finalisation)

†The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I am sure all the members of the House will remember very clearly the Auditor-General’s report of August 2008, which reflected on the years April 2005 to March 2007. In this report the AG raised the fact that across all provinces in South Africa, an amount of R540 million was under question, where officials who worked for government were involved in the procurement and the supply of goods and services to provincial governments. I think that also applied to this specific province and just to highlight it, the findings of the Auditor-General in this specific province was that – Twenty-five employee-related companies were doing business with their own

departments. None had obtained permission to do so, despite regulations, and this amounted to R51 704 389;

Six employees’ spouse-related companies were doing business with own departments and that amounted to R2 407 925 and; Forty employee-related companies were doing business with other departments – only three had obtained permission to do so – and that amount was R5 559 547.

I think that just outlines the precursor to this Government then asking what are we going to do about this and how are we going to deal with it; and that’s when we moved on to producing legislation to try to deal with this fact. I think we all must also concur that corruption is specifically something that really steals from the poor and it steals services and opportunities from those people who need it the most.

TUESDAY, 30 NOVEMBER 2010 3047 Perhaps I can add to that by saying that I attended a conference on Brand Africa a couple of months ago in Gauteng where role players from the whole of Africa came together. At this conference corruption was one of the recognisable features that stand out when people think about Brand Africa and we have to make sure that we start to change that. The only way to do so is to deal concisely with corruption and to stop it in its tracks. I also think that we as a government have shown in our Strategic Objective 1 that if we really are serious about growth and about jobs we have to show first of all that we can offer clean and efficient government. We, therefore, have to make sure that we have mechanisms in place to stop, wherever possible, any kind of corruption happening and show that we deal with it decisively. I want to say, as I ask the House to deal with this piece of legislation – and I know the standing committee has already dealt with it – that on Friday afternoon I had a call from a colleague from the Eastern Cape. I had tabled his piece of legislation in draft at the Budget Council to Minister Pravin Gordhan and to the eight MECs from the other provinces and asked that they also consider doing this in the other provinces. I am very pleased to say that there’s a Bill being discussed at the committee stage in the Eastern Cape at the moment. Out of that process I got a call on Friday so say that they were raising a concern in that. in this Bill we ask that staff members register their interests, but we also ask that companies doing business with Government also register the interests of their shareholders and that those shareholders are put forward. However, we have a problem there, and this was highlighted by the Eastern Cape, because if a big company like a bank or the Old Mutual or an organisation like that has a really big database of shareholders, they don’t know which of their shareholders are actually doing business with government. Therefore I am actually asking the House that although the committee has already dealt with the Bill, and I have circulated this to the Chair and members of the committee, we actually consider this Bill with an amendment. I would like to put forward that amendment that on page 5, after line 11, insert the following new paragraph is to be inserted, and it reads as follows:

(b) The exemption of any entity or category of entities conducting business with the provincial government or any employee or category of employees from the application of any provision of Section 2, …

and then the word “and” followed by the continuation of section (b). I ask that the House agrees to this amendment because, as raised by one of my colleagues in the Eastern Cape, this would allow us, through regulation, to exempt a big company like a bank doing business with us. I would also hope that if any employee of government owns more than a 5% share in a company like that, one would first ask the question: Would they be working for government, because that would obviously mean that they were fairly substantially invested in a company like that.

3048 TUESDAY, 30 NOVEMBER 2010 This, however, would also allow those companies a bit more freedom when trying to do business with government and we would then, through regulation, be able to manage that. So I put this to the House and ask that the House considers this legislation and that we pass it today, but that we do so with this amendment. Thank you, Mr Speaker. †Ms P W CUPIDO: Mr Speaker, the ACDP supports the Western Cape Procurement Bill. †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, the ID supports the Bill. It will go a long way in dealing with corruption. I think some parties in the House do not even know how to spell corruption. It is a pity that we did not have this legislation some time ago to deal with the abuse of access to tender information by the previous government employees, because government employees must make a choice. They must decide whether they want to be business people or whether they want to be public servants. They cannot be both. †Mr M SKWATSHA: Mr Speaker, the ANC is 100% behind this Bill and we support it. It is a welcome initiative that, in fact, will not only enhance the possibility of tightening the screws with regard to irregularities, it will in this case also prevent the possibility of a high level of conflict of interest, although we are in no way suggesting that all public servants are corrupt. We support the Amendment Bill. †Mr E J VON BRANDIS: Mr Speaker, corruption transcends institutional boundaries and it is therefore crucial for governments and sectors of society to fight it. The building of a professional and ethical Public Service is essential for the optimised use of resources for the plight of the poor. Mr Speaker, the DA supports the Bill and amendment. *We trust that it will contribute to a clean, transparent and responsible administration for the benefit of all the people in the Western Cape. As chairman I would like to take this opportunity to thank the committee members and the officials that were involved. I thank you. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, may I also thank the chairperson and the committee for the work that they have put into this Bill, for the way they have handled it. I also thank all of those drafters and officials that have been involved in putting this together and I thank each and every one of you partaking in this debate today and for the support given to the Bill. Debate concluded. Amendment placed on the Order Paper by the Minister of Finance, Economic Development and Tourism in accordance with Rule 153(1) put and agreed to. Bill, as amended, finalised. The Bill having been finalised will now be sent to the Premier for assent.

TUESDAY, 30 NOVEMBER 2010 3049

WESTERN CAPE PROVINCIAL SCHOOL EDUCATION AMENDMENT BILL [B 8B—2010]

(Consideration and finalisation)

†The MINISTER OF EDUCATION: Mr Speaker, as provincial Minister of Education I am pleased and proud to be debating the final approval of the Western Cape Provincial School Education Amendment Bill tonight. The PREMIER: Hear, hear! The MINISTER: There is no doubt that this is truly a significant piece of legislation for the future of education in the Western Cape. The Amendment Bill is aimed squarely at ensuring that the highest quality of schooling possible is available to all learners in our schools and that schools are staffed by committed, competent teachers. An HON MEMBER: Hear, hear! The MINISTER: This Bill will provide the provincial government with a number of tools to help improve the provision of quality education to all the learners of the Western Cape and to hold educators and officials accountable to the highest possible professional standards. The Bill is, therefore, an essential element of this government’s overarching objective of improving learner outcomes in the province. I originally announced my intention to amend the Western Cape Provincial School Education Act in my first budget speech to the House in June 2009. The time taken to reach this point is a reflection of the seriousness with which this process has been undertaken. It also points to the complexity of the legal, educational and other issues involved and the degree to which the existing legislation had become out of date in relation to an ever-changing education landscape. The need to amend the existing provincial Act was occasioned by a range of factors. These factors ,include the following. There was a need for stronger emphasis on quality outcomes and accountability along with rights. The existing legislation was promulgated on 9 December 1997, and had not been changed since. The national equivalent has been amended eight times since then and number nine is in the pipeline. New national concepts needed incorporation. There is a need for the more appropriate use of regulation instead of constant legislative change. Therefore different categories of amendments have been included in the Bill and these include those that update the legislation in line with amendments at national level; those that strengthen the ability of the WCED to monitor performance, especially in the classroom, where it matters most; those that strengthen the capacity of the WCED to deliver quality outcomes; and miscellaneous items such as the creation and composition of an education council. We are also very cognisant of the need to consult with all the relevant role-players in education in the Western Cape. To this end I am very grateful for the range of constructive input that has been made into this process.

3050 TUESDAY, 30 NOVEMBER 2010 We have had a lengthy period of public comment and an extensive consultation process with school governing body organisations, educator unions, school principals and representatives from higher education organisations, as well as the hon members of the House through the standing committee. The robust and constructive debate these processes elicited has served to strengthen this Amendment Bill and to help further our objective of improving learner outcomes. The amended preamble of the Bill best encapsulates the overriding objectives of the Bill, namely that it is essential that all learners have access to the highest quality of basic education that the province can provide, which will uphold the principles and values of the Constitution of the Republic of South Africa of 1996, particularly the rights of children, while requiring the highest standards of accountability from those learners, their parents, school governing bodies, educators and officials. This Bill is vitally important, then, because it firstly puts the rights of learners to a quality basic education first. This is after all the primary responsibility of a department charged with delivering on a constitutional mandate. Secondly, it builds greater levels of accountability for teachers, principals and officials. Thirdly, it gives us more power to ensure the delivery of a quality curriculum. The Bill achieves these objectives by, amongst other things, affording us the right to visit and inspect schools with the view to assessing teachers’ performance in the classroom in line with national and provincial norms and standards. It allows for increased accountability. Principals and deputy principals will for the first time have performance contracts directly linked to the learner outcomes achieved at their schools. This provision will in turn strengthen the ability of the provincial government to act decisively against schools that are serial underperformers. It gives rule-making authority to the Head of Department to strengthen the conducting of schools-based assessments. This will allow far more effective remedial action at under-performing schools and, where appropriate, for academic mentor or substitute principals to be appointed. The Bill refines the definition of specialised education to include schools with a specialised focus such as, for example, Maths and Science, Business and Arts and Culture. This will in turn strengthen the ability of the provincial government to provide specialised education in these critically important and discreet learning areas. In line with the Labour Relations Act, it reduces from 90 to 30 days the time period within which to lodge certain labour grievances, thereby ensuring finalisation of appointments more quickly in the best interests of stability in our schools. It will help to improve school safety by placing further prohibitions on dangerous objects, illegal drugs and alcohol on school premises, and by providing more clearly defined powers to conduct search and seizure operations at schools, while at all times respecting the personal integrity of learners.

TUESDAY, 30 NOVEMBER 2010 3051 In an increasingly complex environment the provisions of the Bill will enable the Minister also to regulate more appropriately conditions for the handling and management of school discipline, which hon Mike Walters referred to earlier this afternoon, and learner behaviour. It clearly and explicitly prohibits political activities at schools during school time, thereby limiting the prospect of disruption to teaching time and the abuse of compulsory school attendance for political ends. Helping to create an important forum for the sharing of ideas and expertise on the provision of a quality education in the Western Cape by regulating anew the establishment and the functions of an education council for the province. Finally, the Bill includes provision for the provincial Minister, by regulation, to determine the minimum teaching hours per school per week or school day. This could in time, and after negotiation, see the school day extended to include, for example, compulsory supervised homework after school. The PREMIER: Hear, hear! The MINISTER: These provisions, when read against a number of others contained in the Bill, are all aimed at increasing levels of accountability in the system in order to improve learner outcomes. In many cases the Bill builds on existing national legislation, including The South African Schools Act, The National Education Policy and The Employment of Educators Act. However, this Bill, within the parameters of the Constitution, strengthens many of these provisions and provides the Western Cape with more tools to deliver a quality education. Mr Speaker, I am very conscious that the provincial government’s drive to improve learner outcomes in the province dramatically is still a work in progress and that this Bill is simply one important step in this process, for you can no more legislate for quality and accountability in a school system than you can legislate against discipline in a school. However, sound legislation is the enabler of good policy and ultimately of best practice. Therefore, this Bill, combined with the already significant progress we have made in other areas of improving the provision of education in the Western Cape, holds the very real promise of building the truly world-class education system that we are determined to create in the province. In this regard it is heartening that just yesterday the highly respected international consultancy firm McKinsey & Company in its report entitled “How the World’s most improved school systems keeps getting better,” recognised the Western Cape as an example of good practice. Finally, Mr Speaker, I would like to thank the Chair and members of the standing committee, Jenny Hartnick and her team, for their work in processing this Bill and underscore that I look forward to working with them, as together we work to make our vision a reality of access to quality education for the close to one million learners of the province a reality. [Applause.]

3052 TUESDAY, 30 NOVEMBER 2010 †Mr M G E WILEY: Mr Speaker, in many respects this Bill, soon to become law, is a tangible demonstration of the political will of the DA administration. Not only does it talk a good talk about policy, but it gives the body teeth and muscle. National laws provide the framework within which provinces may operate and it is up to the provinces to flesh out those laws in a way that gives them both effect and, in a sense, provincial personality. Invariably most provinces fail in their duty and either do not pass any supplementary laws, or if they do they are so open to interpretation that they serve little purpose. Then there is the challenge of enforcing the laws that have been made. Here is where the proof of this administration’s political will be tested. I have no doubt that this government and department will do what is required. The public, especially those parents who have children in school, demand a high standard of education and of educators. In too many schools there is a crisis of confidence in both principals and teachers. These professionals are meant to be the role models, the people with status in the community, the respected ones, but almost daily we hear of cases where staff members are not doing what they are paid to do, ranging from not being in the classroom, abusing children to committing acts of corruption. In most cases it points to weak management by the principal’s office, and in many cases this is a direct result of poor supervision and support from departmental level and the absence of effective boards of governors. Schools do not operate in a vacuum. They need consistent departmental guidance, parental support from within the board of governors and dedicated teachers. All have to be focused on one thing, the welfare the pupil. That has to be the central focus, the raison d’être. Schools are not there to provide employment for staff or positions of power for some parents. It was notable during the process of crafting the Bill that Sadtu objected to various clauses, which would have brought teachers and principals into line. These mainly related to conditions of service issues. [Interjections.] It is significant that the worst underperforming schools, not only in this province but in the country, are ones which have the heaviest Sadtu presence. In every system the size of an education department there is chaos at one time or the other. The trick of good governance is to reduce the margins of error to the minimum by omitting ambiguities and giving clear instructions. This Bill does that. It also gives principals and boards of governance the reassurance that they will be supported if they work within the mutually agreed guidelines and role functions. It helps to identify those schools that are not performing to be brought up to speed and to hold those responsible to account. Pupils in need of special attention, or in a learning environment more conducive to their character, will have a better chance of being identified and placed in a facility that will not brand them forever as being different, because difference to most is a perception and to many it is just a passing phase. It is common cause that the school environment is a markedly different place to what it was just a few years ago.

TUESDAY, 30 NOVEMBER 2010 3053 Schoolyard fights frequently end in tragedy and a smoke behind the bike shed involves a little bit more than just tobacco; a stolen kiss with your sweetheart behind the curtains in the hall may involve full sex, filmed and distributed for the world to see. Alcohol abuse is not something that some delinquent matrics get up to, binge-drinking amongst primary school children is not uncommon. This Bill acknowledges current and unfortunate realities and gives those tasked to look after our children some ammunition to deal with these realities. Most importantly, this Bill stresses excellence on the one hand, but on the other, it also gives direction and understanding to both staff and boards of governors in guiding pupils through those difficult but exciting years of discovery in their lives. No two children are alike, but those with similar characteristics and development potential are catered for, while those who fall by the wayside, who are out of the step with the majority, are also recognised. Schools are rewarded for effort. They are rewarded for keeping children in school, but in reality some children are so delinquent that drastic steps are required. In the past this has been murky water with little help from the department, resulting in a demoralised staff and, often, irreparable damage done to both the school’s reputation and the individual pupils concerned. This is now clearly addressed as is who has the authority and when they are allowed to use it. This Bill is a bold step forward in the support of the building blocks of our most important asset, our youth. I thank you. *Ms P W CUPIDO: Mr Speaker, over the past nine years the legislation under discussion did not undergo any amendments. On behalf of the ACDP I would also like to thank the department for the manner in which they assisted the committee, leading to the legislation. It is good to know that legislation is not cast in concrete. Legislation is adaptable to the changing circumstances of society. More people and organisations can provide input as they perceive and experience legislation at grassroots level. The ACDP supports the Western Cape Provincial School Education Amendment Bill and wholeheartedly supports the Minister in his explanation of the changes. Thank you. †Ms C F BEERWINKEL: Mr Speaker, let me start off by thanking MEC Grant for his input, also his department for leading us through the process and for the robust debate that we could have around this Bill. Mr Speaker, the Education Amendment Bill sought to bring about 14 changes to which the MEC has already alluded. I won’t repeat them, but I’ll page through them so that I can remember what they were. We have had a few public hearings, many of which the MEC has also alluded to. However, they were not very well attended, because most of the comments came directly from teacher and trade union presentations made directly to the department. Mr Speaker, we did our homework before rushing off to places and wasting money on travelling when we knew that there would be no participation. Hence we structured our participation wisely.

3054 TUESDAY, 30 NOVEMBER 2010 Mr Speaker, I remain an eternal student and I don’t shy away from robust debate either, but we also got some very interesting comments from trade unions, Fedsas and others, who came to make some very valid comments, some of which have been concurred with. While one is appreciative of the intention of the Bill, the legal opinions obtained were extremely technical in their response. But for those of us who took the trouble to read them, this was also a learning experience. The jury, however, is still out on a few amendment clauses which the ANC also questions. A particular example is the insertion of a new clause, 54(a) through to 54(d), and one questions whether the provincial department has the legislative competency to incorporate and effect these amendments to the principal Act. Clause 54(a) deals with the conditions of service for temporary and contract-employed educators; 54(b) deals with the deemed discharge of an educator; 54(c) deals with the time allowed for lodging an appeal, amended from 19 to 30 days, which in our opinion does not allow for enough time for recourse; and 54(d) deals with disputes arising from 54(a) or (b). As you have heard, Speaker, Sadtu, the largest teacher union and its legal representative, is of the opinion that these insertions will result in an infringement on the national Minister’s power to determine conditions of service of educators. What is really in question here is whether a grievance procedure is part of conditions of service and to what extent the Employment of Educators Act is being infringed upon by these insertions. They also argue that terms and conditions of employment are determined after bargaining arrangements at the Education Labour Relations Council (ELRC). It would appear as if the courts will finally decide on these matters should someone be aggrieved by them. We, as the ANC, choose to err on the side of caution, hence my minority view on the acceptance of these clauses 24 and 26 respectively, based on what is contained in section 4(1) of the Employment of Educators Act, and I quote:

Notwithstanding anything to the contrary contained in any law subject to the provisions of this section the Labour Relations Act or any other collective agreement concluded by the ELRC, the Minister shall determine the salaries and other conditions of service of educators.

Mr Speaker, another point of debate was why this Amendment Bill is being rushed through for approval when the Basic Education Amendment Bill at national level is still in the process of participation and comment. [Interjections.] The point is not that the province has the right to legislate; we concur with that and that is not under dispute. The caveat is that we will pass these amendments and if there are discrepancies with the national Act we will then amend again. [Interjections.] What are the possible costs involved in such a process, because we will have to go through the whole public participation process again at great cost? However, what is welcomed here are the increased measures of monitoring and evaluation that will take place to ensure a better quality of education, and one trusts that it will be for all schools and that the negative concept of inspections will be done away with. [Interjections.]

TUESDAY, 30 NOVEMBER 2010 3055 Monitoring and evaluation should in itself imply a mentoring concept, because while evaluation speaks to confirmation of adherence to norms standards, monitoring speaks to compliance, and neither would serve any purpose if corrective mentoring processes were not in place. We were given the assurance that these measures are not to substitute the role of the National Education Evaluation and Development Unit (Needu,) but rather to enhance and also adhere to its principles. A very impassioned plea, Speaker, was made by educators from special needs schools. This really spelt out the theory that legislation cannot always be enacted in a one-size-fits-all mode, especially when dealing with such sensitive aspects as special schools and the problems that they encounter. The insertion of section 45(a) however needs to be welcomed as it deals with the prohibition of dangerous objects, illegal drugs and alcohol on school premises. The new liquor legislation should also enhance the implementation of these prohibitions, as these are the underlying causes of the scourges in our communities and a school should be the place where learning takes place in a safe and secure environment. Also the insertion of clause 46(a) and 46(b) will now hopefully do away with some of the cruel and inhumane practices of initiation that learners are sometimes subjected to. Mr Speaker in good faith we support the intention of the Amendment Bill, which puts the learner’s right to quality education first, but with the exception of the two clauses as I previously stated, as educators have rights too. We trust that the manpower and the goodwill from all entrusted with the implementation of this amended Act will prevail and that the quality of education for all, even in the remotest areas, will be a priority. *Ms J L HARTNICK: Mr Speaker, the DA welcomes and supports the review of the legislation on education in the Western Cape. Public participation in the legislation was constructive and contributed to the legislation that was tabled, to the extent that it may be regarded as well represented. The DA believes that it is the right of every student to have access to the best quality basic education which aims to propagate the principles and values of our country’s Constitution, especially relating to children’s rights. We welcome legislation that can enhance the ability of the WCED to monitor performance, and will improve the ability of the department to deliver quality results. The Western Cape Department of Education is requiring the highest standard of accountability of all parties involved in the education of our children; learners themselves, their parents, school governing bodies, teachers, principals and officials of the department. The department’s slogan is strengthened by this:

Own your own success, own your own future. We welcome fair educational opportunities; respect for teaching and learning; and monitoring, evaluation and training of teachers in order to improve their performance and the execution of their duties.

3056 TUESDAY, 30 NOVEMBER 2010 It is essential for a successful education system that schools, teachers and students are regularly checked. Timely and effective action can occur only if the department can identify problem areas early, and the new legislation provides for this very purpose. We welcome the minimum standards the new legislation will set so that all students can benefit from them, especially the schools that have not been functioning satisfactorily, with subsequent underperformance. It is particularly gratifying that principals and school governing bodies that do not fulfil their legal obligations and responsibilities, can be taken to task. The DA is convinced that the measures of the proposed legislation will result in the shared accountability of all people in the Western Cape to education. As chairman I want to thank each and every one of the wider community for their participation in the public education debate, as well as the committee members for their outstanding contribution to the successful passage of the new education legislation. †Thanks, Ms Hani, for accompanying us to Worcester. I got to know you on that trip. *I can assure you that the children of our province will enjoy the fruits of the many hours of deliberation and dialogue. My heartfelt thanks go especially to the Minister of Education, Mr Donald Grant, and his great team without which today's wonderful achievement just would not be possible. Thank you. †The MINISTER OF EDUCATION: Mr Speaker, I would sincerely like to thank the hon members for their insights and opinions voiced in the House tonight. However, Mr Speaker, I want to reiterate that this Bill is the basis for developing and implementing policy and for creating access to quality education for all our learners in the Western Cape. This is the primary obligation of the Western Cape Education Department. Both the department and I are looking forward to working together to utilise the Bill to effect continuous improvements in the quality of education administered in the Western Cape. I want to repeat that the primary objectives of this Bill were to ensure and underscore the extensive consultation process that has occurred with this Bill ever since we started with it in July 2009. I want to assure this House that we feel that once this legislation is passed it will be a significant tool in helping us to achieve our education objectives. Mr Speaker, I move the adoption of the Western Cape Provincial School Education Amendment Bill by the House. The PREMIER: Hear, hear! †The SPEAKER: Thank you very much. That concludes the debate on this Bill. Are there any objections to the Bill being finalised? Hon Beerwinkel.

TUESDAY, 30 NOVEMBER 2010 3057 †Ms C F BEERWINKEL: Mr Speaker, as I’ve stated, we support the intention of the Bill, but I would like our minority view on clause 24 and 26 to be recorded. Debate concluded. Bill finalised (ANC opposing clauses 24 and 26). The House adjourned at 19:22.

_______________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS WEDNESDAY, 1 DECEMBER 2010

COMMITTEE REPORTS The Speaker: 1. Report of the Budget Committee on the Provincial Economic Review and Outlook

(PERO), 2010, dated 1 December 2010.

The Budget Committee begs to report that it has concluded its deliberations on the Provincial Economic Review and Outlook (PERO), 2010, referred to it. It further begs to report as follows:

The Committee wishes to express its appreciation for the submissions provided

by the Minister and the Provincial Treasury and wishes to commend them for the quality of the information provided to questions put by Members.

Report to be considered. 2. Report of the Budget Committee on the Medium Term Budget Policy Statement,

2010, dated 1 December 2010.

The Budget Committee begs to report that it has concluded its deliberations on the Medium Term Budget Policy Statement, 2010 referred to it. It further begs to report as follows:

The Committee wishes to express its appreciation for the submissions provided by the Department and wishes to commend them for the quality of the information provided to questions put by Members.

Report to be considered. 3. Report of the Budget Committee on the Western Cape Adjustments Appropriation Bill

[B 9–2010], dated 1 December 2010, as follows:

The Budget Committee begs to report that it has concluded its deliberations on the Western Cape Adjustments Appropriation Bill [B 9–2010], referred to it. It further begs to report that it supports the Bill.

Report to be considered.

3058 THURSDAY, 2 DECEMBER 2010

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 14:15. The Speaker took the Chair and read the prayer.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS–see p

ANNOUNCEMENT †The SPEAKER: Order! I have to announce today that due to the resignation of Mr IE Jenner on 30November 2010 a vacancy occurred in the representation of the ID in the Western Cape Provincial Parliament. This vacancy has been filled by the nomination of Mr R B Lentit with effect from 2 December 2010. Mr R B Lentit was sworn in in my office today. We would like to extend a warm welcome to the hon Lentit to the Western Cape Provincial Parliament.[Applause.]

INSP ROBERT PAULSON SUSPENDED

(Notice of motion) †Mr PC MCKENZIE: Mr Speaker, I give notice that I shall move: That the House debates the fact that another City of Cape Town top cop, Insp

Robert Paulson, has been suspended for stealing 1000 rounds of ammunition from the municipality.

[Notice of motion as given by member.] Mr P C MCKENZIE: Mr Speaker, I give notice that I shall move: That the House debates the fact that another top police official from the City of

Cape Town, Inspector Robert Paulsen, has been suspended for allegedly stealing 1 000 rounds of ammunition.

[Notice of motion as printed on Order Paper.]

CONGRATULATIONS TO RICARDO HANSBY

(Motion) †Mr EJ VON BRANDIS: Mr Speaker, I move without notice: That the House congratulates the economic and development specialist,

Ricardo Hansby, on his appointment as the new Executive Director of the Cape Town Chamber of Commerce and Industry.

[Motion as moved by member.]

THURSDAY, 2 DECEMBER 2010 3059 Mr E J VON BRANDIS: Mr Speaker, I move without notice: That the House congratulates the economic and development specialist

Ricardo Hansby on his appointment as the new executive director of the Cape Town Chamber of Commerce and Industry.

[Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO MOST PRODUCTIVE MUNICIPALITIES

(Motion) *Mr JJ VISSER: Mr Speaker, I move without notice: That the House, takes note of the fact –

(1) that George was rated the most productive municipality in the country, with Saldanha Bay in the second place; and then quite a lot further down

(2) that the Johannesburg Metropolis was rated the most productive metropolis, with the City of Cape Town in second place; and

(3) that the municipalities in the Western Cape were collectively rated the

most productive municipalities on average; and to congratulate these municipalities.

[Motion as moved by member.] Mr J J VISSER: Mr Speaker, I move without notice: That the House – (1) notes the rating, according to the results of a municipal productivity index,

of – (a) George as the most productive municipality in the whole country; (b) the Johannesburg metro pole as the most productive metro pole in

South Africa; and (c) municipalities in the Western Cape collectively, if compared to

municipalities in the other eight provinces, as on average the best achievers in the country with regard to productivity; and

(2) therefore extends its hearty congratulations to all these municipalities. [Motion as printed in Minutes.] Agreed to.

3060 THURSDAY, 2 DECEMBER 2010

HANGBERG EVICTION SAGA

(Motion) †Mr PM JACOBS: Mr Speaker, I move without notice: That the House welcomes the long overdue talks by the parties involved in the

Hangberg eviction saga about the possibility of mediation. [Motion as moved by member.] Mr P M JACOBS: Mr Speaker, I move without notice: That the House welcomes the long overdue talks by the parties involved in the

Hangberg eviction saga about the possibility of mediation. [Motion as printed in Minutes.] Agreed to.

ONGASEKHOYOUNKSZ NOMBULELO KHONJWA

(Isiphakamisosovelwano) Nksz T N BEVU: Somlomo, ndiphakamisandingenzangasaziso:

UkubaleNdlu idlulise ilizwi lovelwano kusomashishini nelungu elisebenza kakhulu kuluntu lwaseKhayelitsha elithe lasweleka, uNombulelo Khonjwa ozakuthi angcwatywe ngoMgqibelo.

[Translation of isiXhosa paragraphs follows.]

[LATE MS NOMBULELO KHONJWA]

(Motion of condolence)

Ms T N BEVU: Speaker, I move without notice:

That the House conveys it condolences to the business person and a person who worked hard in the Khayelitsha community, Nombulelo Khonjwa,who has passed away and who will be buried on Saturday.]

[Motion as moved by member.] Ms T N BEVU: Mr Speaker, I move without notice: That the House extends its condolences to the family of Ms Nombulelo

Khonjwa, a Khayelitsha business woman and a community organiser, who has passed away and will be buried on 4 December 2010.

[Motion as printed in Minutes.] Agreed to.

THURSDAY, 2 DECEMBER 2010 3061

SUSPENSION OF RULE 152(3) (Motion)

†Ms A ROSSOUW: Mr Speaker, I move without notice: That Rule 152(3), determining that the debate on a Bill may not commence

before two days have elapsed after the tabling of the committee report, be suspended for the consideration and finalisation of the Cape Liquor Amendment Bill [B4B–2010].

[Motion as moved by member.] Ms A ROSSOUW: Mr Speaker, I move without notice: That Rule 152 (3), determining that the debate on a bill may not commence

before two days have elapsed after the tabling of the report of a committee on the bill, be suspended for the consideration and finalisation of the Western Cape Liquor Amendment Bill [B4B – 2010].

[Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO COSATU

(Motion) †The LEADER OF THE OPPOSITION: Mr Speaker, I move without notice: That the House –

(1) congratulates Cosatu on its 25thbirthday, which marks 25 years of fighting for workers’ rights; and

(2) notes that Cosatu this year dedicated its anniversary, which coincides with World Aids Day, to fight against the pandemic.

[Motion as moved by member.] The LEADER OF THE OPPOSITION: Mr Speaker, I move without notice: That the House – (1) congratulates COSATU on its 25th celebrations to mark 25 years of

fighting for the rights of workers; and (2) notes that COSATU has dedicated its anniversary, which coincided with

World Aids Day, to the fight against this pandemic. [Motion as printed in Minutes.] Agreed to.

3062 THURSDAY, 2 DECEMBER 2010

CONGRATULATIONS TO MR RYAN SANDES

(Motion) †Mr MGE WILEY: Mr Speaker, I move without notice: That the House congratulates Mr Ryan Sandes of Hout Bay who, after winning

the Antarctica ultra marathon, is the first person to have won all four World Desert Ultra Marathons and this all in a single year.

[Motion as moved by member.] Mr M G E WILEY: Mr Speaker, I move without notice: That the House – (1) congratulates the world’s best desert runner, Mr Ryan Sandes of Hout

Bay, on his victory in the Last Desert, the ultramarathon in Antarctica in November 2010; and

(2) notes with pride that, by winning this race, he became the first person in

the world to be victorious in all four desert ultramarathons in the 4 Deserts endurance competition.

[Notice of motion as printed in Minutes.] Agreed to.

DISMISSAL OF APPEAL OF MAN CONVICTED OF STABBING MCEBISI SKWATSHA

(Motion)

†Mr PC MCKENZIE: Mr Speaker, I move without notice: That the House welcomes the dismissal of the appeal of the man convicted of

stabbing ANC Western Cape Legislature Member, Mcebisi Skwatsha. [Motion as moved by member.] Mr P C MCKENZIE: Mr Speaker, I move without notice: That the House welcomes the dismissal of the appeal of the man convicted of

the stabbing of African National Congress Western Cape Legislature Member, Mcebisi Skwatsha, at an ANC meeting in Worcester in 2008.

[Motion as printed in Minutes.] Agreed to.

THURSDAY, 2 DECEMBER 2010 3063

WISHES OF PEACE AND CALM TO MATRIC LEARNERS

(Motion) †Ms C F BEERWINKEL: Mr Speaker, Imove without notice: That the House –

(1) wishes the matric learners who are about to finish their exams peace and calm over their waiting period for the results; and

(2) advises especially those who intend travelling to Plettenberg Bay for their

matric jamboree to do so with extreme care and sobriety.

[Motion as moved by member.] Ms C F BEERWINKEL: Mr Speaker, I move without notice: That the House – (1) wishes the matric learners who are about to complete their final school

examinations, peace and calm as they wait for their results; and (2) wishes to advise especially those intending to travel to Plettenberg Bay for

their matric jamboree, to do so with extreme care and sobriety. [Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO RADIO SONDER GRENSE AND AGRI WES-CAPE

(Motion)

*Mr MC WALTERS: Mr Speaker, I move without notice: That the House –

(1) supports the initiative of Radio Sonder Grense and Agri Wes-Cape to supply water to Beaufort West; and

(2) congratulates them on their initiative.

[Motion as moved by member.] Mr M C WALTERS: Mr Speaker, I move without notice: That the House – (1) gives it full support to the initiative of Radio Sonder Grense and Agri

Western Cape to provide water to the drought-stricken Beaufort West; and (2) congratulates RSG and Agri Western Cape on this commendable

initiative. [Motion as printed in Minutes.] Agreed to.

3064 THURSDAY, 2 DECEMBER 2010

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9–2010]

(Consideration of principle) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, it gives me great honour to start this, the political debate, the Second Reading debate on the Adjustments Budget. I look forward to this debate, this being the first part of the process. From here onwards we move on to debating each and every Vote and the movement of funds within each and every Vote, moving towards next week. What I’d like to do is contextualise what we’re going to be talking about today in this political debate. It will be around the R313,5 million which is being appropriated to cover higher than anticipated wage settlement costs in the provincial departments; the R71,4 million for the Occupation Specific Dispensation for the health sector; the R134,6 million for technical adjustments to National Conditional Grants, which includes R83 million for the Devolution of Property Rates Grant; R50 million for Agricultural Disaster Management Grant for the Eden District drought, which is definitely very welcome; the R384,3 million related to unspent conditional grants of the 2009-10 financial year, of which R186,5 million relates to the Transport Disaster Management Grant; the R120,7 million for departmental own revenue increases in the 2010-11 financial year own receipts; the R13,9 million in roll-overs arising from commitments related to unspent balances in the 2009-10 financial year; the R64,6 million in revenue retention for the 2009-10 financial year for over recovered revenue; and a net amount of R65,6 million in additional funds from the Provincial Revenue Fund for technical adjustments, which includes shifts away from Votes for deferred commitments and reallocation in the 2011 Medium-Term Expenditure Framework. Mr Speaker, what I would also like to do in setting the tone for this debate is also perhaps to answer some of the questions that have been raised through the process since tabling of the Medium-Term Expenditure Framework, the Medium-Term Budget Policy Statement and the Adjustments Budget last week. Mr Speaker, what I would like to do is talk specifically to the corporatisation, which is the corporate services centre which will be focused within the Department of the Premier. Perhaps the most significant shift in this department is the introduction of this corporate services centre that will render transversal corporate services on a shared services basis. An amount of R99,619 million has been allocated for this purpose. The centre will deliver the following functions across provincial departments: human resource management; corporate assurance services, and this includes enterprise risk management, internal auditing and forensic investigation; legal services; and corporate communication services. This is not centralisation, as has been suggested in the House. Centralisation happens when the centre begins to control what is happening elsewhere and makes decisions for other departments. We are not doing this. We are setting up a streamlined professional service centre that will assist every department in carrying out their functions and responsibilities. For example, the human resources component may advise departments on appointment procedures and facilitate the process, but it will not decide who gets the appointment. That decision will remain within each department. Mr Speaker, let me illustrate why it is important to adopt a shared service approach.

THURSDAY, 2 DECEMBER 2010 3065 When we came into office, we conducted a survey across all departments to ascertain the ratio of support staff to line function officials. We found that in some cases the ratio was far too high. In one department there was one HR officer for every eight officials. The international benchmark for public sector is 1:85.The shared service model aims to challenge all of that. We will begin a phased roll-out of the corporate services centre from 1 April, starting with the enterprise risk management and internal auditing. This will eventually include human resources, corporate communications and other services that can be delivered more efficiently in the centre than in each department. The efficiency gains of this are clear. It is envisaged that around R70 million in savings per annum could be realised through the shared services approach, with 310 extraneous posts being disestablished. Let me point out that the introduction of the Corporate Service Centre does not mean that 310 officials will be out of a job by this time next year. A personnel plan has been drafted that will minimise the impact on staff. We have already embarked on a process of matching and placing existing staff to ensure that we retain as many good employees as possible. In addition to this, Mr Speaker, I must say that this is following a process of modernisation. It also follows a process of looking at best practice. We are not the only province that has a shared service model. It also follows a process of consultation with those other provincial governments that have similar models, and in that process, I think, we managed to see where other provinces have perhaps gone wrong, perhaps learn from some of their mistakes and also make sure that we develop what is to be best practice. Mr Speaker, what I would also like to talk about is the process of going forward between this debate, looking at the adjustments of each department and moving forward into not just next year but the next three years. What we’ve put on the table is our new strategic objectives. This adjustment is the first movement of money that we do have available to us into that direction and then over the next three years seeing how we align our budgets alongside each and every department and their strategic objectives, primarily focusing on growth and job creation. Then, of course, our core function, or main focus, is when it comes to spending our money on health and education. Mr Speaker, what I would also like to do is perhaps talk to one or two other points that are raised in the House all the time. I listened to the statement that’s made specifically from the ANC side. They keep on saying:“We are very grateful to national government for this funding. If there’s any extra funding …”, etc. I think what we need to understand is that it’s all very well to say those kinds of things, but at the end of the day it’s actually about how we spend the money. We all understand that our budget does come through a process from National Treasury. It is money that comes down from the national government who might be, at this moment, the ANC. However, at the end of the day it’s not the ANCs’ money and it’s not national government’s money; it’s the taxpayers’ money of this province. We need to make sure … †Mr P C MCKENZIE: Of South Africa, not this province! [Interjections.] †The MINISTER: It’s actually less than the taxpayers’ money of this province, because the taxpayers’ money of this province raises 14% of the envelope, …[Interjections.] …

3066 THURSDAY, 2 DECEMBER 2010 The SPEAKER: Order! The MINISTER:… where we get 9,2% back. †Mr P C MCKENZIE: Don’t talk nonsense, man! †The MINISTER: It’s actually about the taxpayers’ money and how we spend that efficiently and effectively. †Mr P C MCKENZIE: I’m glad my tax is going into national … [Inaudible.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: They’re coming to us – bad luck, brother! †Mr P C MCKENZIE: I’m glad. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I spend your taxes. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: It’s how we spend that money effectively and efficiently in the best interests of the people of this province. Mr Speaker, with that, I really look forward to this political debate on how this money is being appropriated, how this money is being shifted and adjusted and I will, hopefully, be able to answer any of the queries or questions raised in this debate as we move towards the end. †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, Mr Deputy Speaker and hon members of the House, thank you for the opportunity to take part in the Second Reading debate of the Adjusted Estimates of Provincial Expenditure. Mr Speaker, the Second Reading debate on the Adjusted Estimates gives us an opportunity to present the reasons for the adjustments. Minister Winde has already tabled last week the context for the adjustments. As indicated, we have done so to do better, aligned our resources to the strategic objectives of the government of the day. During 2010, the Western Cape Provincial Government approved its new strategic objectives, and the Adjusted Estimates reflect that. The government has agreed that growing the Western Cape’s economy is central in alleviating poverty and creating opportunities. Since we came to power, this government has met twice with the Western Cape Chamber of Commerce. During those engagements with the business community, they interacted with the Cabinet about the economic development in the Western Cape. Some of the business leaders have confirmed that although there are tough economic realities out there, they appreciate the fact that they now have a moral and ethical architecture in the Western Cape Provincial Government and that they use this and see this as the best environment to do business with. Many of them appreciate the fact that this government does not have a Chancellor House because they feel that they can do clean and honest business with the Western Cape Government.

THURSDAY, 2 DECEMBER 2010 3067 For this reason, the DA-led government has also published a draft regulation preventing officials from doing business – the only province to do so – with government.[Interjections.]In ANC-run provinces, government officials are required to send all the tender documents to Chancellor House, the ANC central bank. †Mr M OZINSKY: That’s a lie! †The MINISTER: Mr Speaker, coming back to the Adjusted Estimates, we on this side of the House is pleased to report to the House that no money is adjusted for...[Interjections.] … The SPEAKER: Order! Order! The MINISTER: … party-political agendas but to serve the people of the Western Cape. †The SPEAKER: Order! Order, hon Minister! Order! Thank you. Please take your seat. Hon Ozinsky, it came to my attention that you again said that the Minister said a lie. Could you address the Chair on that, please? †Mr M OZINSKY: Yes, Mr Speaker. I actually said, “That’s a lie!” and I said it because the Minister says that tender documents are given to Chancellor House and he knows that’s not true. However, because it’s unparliamentary, I will withdraw it and say it outside the House. †Mr P C MCKENZIE: And he can’t repeat that outside the House. [Interjections.] †The MINISTER: Thank you, Mr Speaker, … †Mr P C MCKENZIE: He doesn’t have the guts to do that. †The SPEAKER: Order! Hon Skwatsha wants to address the Chair. †Mr M SKWATSHA: Mr Speaker, is it unparliamentary to say, “That’s a lie”, or is it unparliamentaryto say that he is a liar? †The SPEAKER: I think we’ve ruled on that before, hon Skwatsha, that that is not to be directed at any of the hon members in the House and therefore it’s unparliamentary. Hon Minister, please continue. †The MINISTER: Mr Speaker, in ANC provinces, government officials are required to send all the tender documents to Chancellor House, the ANC central bank. Coming back to the Adjusted Estimates, Mr Speaker, … †Mr P C MCKENZIE: Can you hear what the Speaker said? †The MINISTER: … we on this side of the House … †Mr P C MCKENZIE: He’s talking rubbish!

3068 THURSDAY, 2 DECEMBER 2010 †The MINISTER: … are pleased to report to the House that no money is adjusted for party-political agendas but to serve the people of the Western Cape.[Interjections.]Last week, Minister Botha and Minister Winde presented to the House the evidence of how this government has improved service delivery.[Interjections.] Mr Speaker, it is not us that gave the DA government the thumbs-up; it is the ANC government that indicated that the Western Cape DA government is tops. Aren’t you ashamed of yourselves? *Mr Speaker, the Theewaterskloof Municipality recently received an award as one of the best municipalities in the country. The voters confirmed that decision in the recent by-election in Bot River where the DA won. Congratulations, Eugene. Mr Speaker, the Western Cape Provincial Government is annually confronted by the Cape Coons. In the past there was quite a scramble during this period to get additional funds. Hon members, this year we inherited this situation again and put aside R2 million for the Cape Coons. I am glad to report to the House that we have succeeded in acquiring funds from the Main Budget next year to put aside for the Cape Coons and thus secure the funds. I’m really grateful, Mr Speaker, ... †The SPEAKER: Order, hon Minister! The hon Ncedana would like to address the Chair. Mnu M NCEDANA: Somlomo, itoliki yesiXhosa ifumaneka kweliphi ijelo? Bendicela ukubuza Somlomo, ukuba itoliki yesiXhosa ifumaneka kweliphi ijelo kula majelo? [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: Speaker,on which channel can one find the siXhosa interpreter? Speaker, I want to ask,on which channel can one find the siXhosa interpreter?] †The SPEAKER: I’m just checking quickly on the channels. †Mr PC MCKENZIE: He didn’t say much anyway.[Interjections.] †The SPEAKER: I’ve just checked with the interpreters. They say on Channel 2, hon Ncedana. Can you just check Channel 2 for us, please? Okay. Hon Minister Meyer, would you please continue, sir? *The MINISTER: Mr Speaker, the vision is to move with the different organisations to present a world class carnival. We are already in the early stages of the process of planning and organising a venue as the government is convinced that the carnival should be a source of tourism and economic development. It has great potential as carnival and festival, and we are now building the building blocks to assure that we create social coalition and further develop these festivals. Mr Speaker, I support the Supplementary Budget. †The LEADER OF THE OPPOSITION: Mr Speaker, I think the hon Meyer should also know that we’re one of the three provinces that the Auditor-General in the National Treasury reports says has spent under 35% of its budget.[Interjections.]

THURSDAY, 2 DECEMBER 2010 3069 The Second Reading debate is a political debate, because we go into the various Votes to deal with the detail of the adjustments appropriation later in the day and over the next two days. It has always been a political debate and it allows us to speak at a political level about the direction of government. It allows us to talk about how the adjustments are made in terms of the government’s policy decisions. It allows us to talk about shifts, roll-overs and the allocations. However, it is also quite a wide debate because it also speaks on PER&O. I’m very grateful that you’ve kept PER&O.I think it’s a very important basis for us to make political decisions as we go forward, irrespective of who’s in government. Mr Speaker, I only clarify this matter here today, because this is to ensure that I am afforded the right to speak in a political debate that is wide but focused on the economy and the way the budget is being spent, that I’m afforded the right to say what I wish to say here and how I choose to do so, in line with the rules of Parliament, and that while I’m on the floor, the rules are not changed. I’d like to thank the MEC, generally, for the fact that he has focused on some of the PER&O issues. However, I think the chattering classes must look and think very clearly.[Interjections.]When you have a chance to speak, then you speak. Don’t speak to me now.[Interjections.] However, the economy, under the DA, is slowing down. For the first time in a decade it is now at 2,8%, while the national economy – there’s a recession at the national level as well – is growing at 3%.This is maybe just the crayfish that walks out of the sea and it’s the ANC’s fault. It’s the same thing. This is the first time that we are in such a position. The Western Cape economy always grows at higher than the national economy, and that is because of the choices we’ve made over a long period and it’s also how we spent our budgets over a long period. Is it because of the DA’s policies? Is it that the DA chooses to go against global trends of working together with social partners like labour, civil society and private sector? At a time when we should be working together, when our economy globally ails and everyone has to pull us through, this government is closing down or changing the status, as they say, of the provincial development cooperation from a statutory body to a non-statutory body so that they are not compelled, by law, to speak to their social partners and therefore never have to. I think we need to look at some of the facts governing the rest of the country because, as we speak here, we are told constantly that the Western Cape is a fabulously performing province. I have to tell you that it’s always been a fabulously performing province. This province – pre-1994, too – is probably one of the only provinces with three universities and tertiary hospitals in the country, where in the Northern Cape there aren’t. It is a good performing and a well performing province, but the country performs very well too. I know that you don’t like to think that the country is performing well, and I’m not saying this. The CEO of the South African Institute of Race Relations, Frans Cronje, says – and he speaks to fixed investment as a proportion of GDP – that it’s now 23%, which, in global economic terms, is quite low. However, it’s up from 15% since 1994,since the ANC took over nationally.

3070 THURSDAY, 2 DECEMBER 2010 More importantly, I think, the investment is carried out and carried by the private sector which talks to higher business confidence as well as demonstrating real opportunities for both foreign direct investment as well as domestic development. We also know that much of what is not recorded in our economy is what happens with small and medium enterprises. We know that it’s a high contributor to jobs but, very importantly, to food security and to dignity for families. What this government is doing is cutting support to the SMME sector by reducing Red Doors. You got rid of the local economic development programme. Even your annual reports show that there’s positive growth in this sector. In fact, I think the figures stand at almost 20000 odd. The amount of money stands in millions in tenders. Then, of course, you’re going to say here that Seda is going to be here. Seda is in two or three offices in the province. Business centres are in one office in the province. We’re talking about access to where people really are, because when you grow an economy and as great as we are in this province, it doesn’t feel the same for everyone who lives in this province. We’re not going to turn this project around in a short time.We’re going to have to turn this project around over the long term, but then our hearts, minds and political will must be there. We’ve got to feed into each one, small and big, within our province. I think the macro-economic environment is probably the greatest success of the ANC government. Prime overdraft rate fell from close to 20%after the ANC took over in 1994 to just under 10% today, and with that goes better living conditions. I know we ply this thing and it’s really bad for people to live in South African, basic services aren’t being met and so forth, but the proportion of people living in formal houses has risen by 73%, or 4,2 million households, since 1996. These are not big enough ... [Interjections.] No, this is not in the Western Cape; this is in the country. These figures are not big enough to meet the needs of our people, and all our people in the short term. The figures are similar in access to basic services like electricity, clean water, sewerage systems and communication infrastructure. Across the board, it is better living in South Africa today than it was living in South Africa pre-1994.[Interjections.]This has improved living standards, roughly, and in terms of National Treasury statistics, 5 million taxpayers contribute to a system that supplies monthly cash welfare grants to 14 million poor people. Given our backgrounds, we must cross-subsidise each other, so that all our lives could be on a relatively better level. We also know that wealth is not a sustainable path, but it’s a necessary path in the short term. Then we must make sure that we are giving support to the Red Doors, that we are ensuring that children go to school and have a throughput right up to matric and beyond and that we are making it accessible for them. Of course, it’s not the same for all children. At the moment, it’s still radically divided. It’s still divided by class. You might have an open opportunity society and say that everybody has access, … †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Why shouldn’t we? †The LEADER OF THE OPPOSITION: … but you’ve got to be able to tell the child who still studies by candlelight in a shack in the backyard. [Interjections.] That’s what I think is wrong with this budget. [Interjections.] Mr Speaker, I’m trying to really ignore the Premier, but I really appeal to you to ask her not to speak to me while I’m speaking.[Interjections.]

THURSDAY, 2 DECEMBER 2010 3071 †The SPEAKER: Order! Order, members![Interjections.] †The LEADER OF THE OPPOSITION: I happen to be speaking. Interjections.] †The SPEAKER: Members, order! †The LEADER OF THE OPPOSITION: I happen to be speaking. If you guys like to mess in somebody’s mouth, then do so. I happen to be speaking. I’m calling no one else to order here. I’ve asked the Speaker if he could just help me for a short while still.[Interjections.] In terms of access to higher education, much has been achieved and we all know that education is driven by teachers, in partnership with parents and with children. We know that there are many difficulties regarding education. We often say that we have the best matric passes, but we know that every year, even in my time, it’s only the white children, or mostly white children – I’m sorry that I called them white children but it’s mostly not black children – who make the top 20.[Interjections.] It’s a real issue. [Interjections.] You pretend it doesn’t happen. I can ask anybody I want to. You run this province … The PREMIER: [Inaudible.] The LEADER OF THE OPPOSITION: You run this province, so sort it out here.[Interjections.] †The SPEAKER: Order! Will the hon Leader of the Opposition please complete her sentence?[Interjections.]Order, members! Order! †Mr M OZINSKY: Mr Speaker, on a point of order: The hon Premier is continually interrupting this speech, to the point now where the speaker is unable to continue, but you don’t call her to order.[Interjections.] †The SPEAKER: Thank you very much, members. I request the hon Leader of the Opposition to kindly complete the speech, please. Thank you. †The LEADER OF THE OPPOSITION: In terms of access to higher education, much has been achieved since 1994, though. In 1991, it was white South Africans who earned 20 business degrees for every one earned by a black South African. Today, 17 years later, it has improved. It’s 1:1.Very importantly, we now live in a free society. It might not be important for the DA. It might not be important for you that we live in a free society, but we do.[Interjections.] If you were at the brunt of not being free to criticise a government of the day, your freedom of expression, of speech, of association, including detention without trial, freedom to walk where you wish and so forth, then that isn’t a big freedom. However, it’s a big freedom for all South Africans.[Interjections.] In the last quarter of 2009, ... [Time expired.] *Ms PW CUPIDO: Mr Speaker, at the beginning of this financial year everyone was very anxious about the Soccer World Cup, but please allow me on behalf of the ACDP to congratulate all role-players in national and provincial government on a successful 2010 World Cup, together with all the spending that happened after the tournament.

3072 THURSDAY, 2 DECEMBER 2010 The ACDP also wants to compliment all the residents of the Western Cape with each and everyone’s contribution, whether constructive, a friendly handshake or a smile, and that there were few crime incidents. It was inevitable that most departments had to spend extra funds because of the World Cup. Thus, the ACDP wants to support the Provincial Treasury’s Adjustment Budget. Mr Speaker, the most important issues which will probably never be addressed, are job creation opportunities. The ACDP is still convinced that more emphasis should be placed on skills training colleges to assure that young people who enter the labour market are sufficiently empowered. Aspects that are daily experienced by families, like the need forquality education, dedicated healthcare, well considered and well planned social services and the safety of residents of this province should be high on this government’s list of priorities. †The ACDP definitely welcomes the adjustments appropriation increase of education of R152,5 million and the health budget increase of R445,5 million. The ACDP would, however, like to express a serious concern over the meagre budget increase of Social Development which is only R14 million, Safety and Security which is a shameful R1,1 million and Local Government which only shows a R10 million increase. Mr Speaker, it is also important that this adjustments appropriation deals with challenges in a comprehensive and multispectral way, addressing population issues which are critical to achieving sustainable development. The government must always in their planning take into account the high rate of infant and adult mortality, as well as an ageing population which demands government support in terms of food security and housing. *Finally, Mr Speaker, the ACDP supports this budget and trusts that it will be spent in its totality by the end of this financial year in order to improve the living circumstances for people at grass-roots level. *The MINISTER OF AGRICULTURE: Mr Speaker, it is an honour to participate in this debate on the Adjustments Appropriation Bill. Minister Tina Joemat-Pettersson will in all probability transfer the responsibility of Agriculture, which currently rests with her, to the provincial MECs next year, and my post will probably look different by this time next year. I say this casually, because ... *Ms J WITBOOI: National, hey? *The MINISTER: Yes, this is national. It comes provincial ... [Interjections.] I see myself in a picture ... [Interjections.] I stand in a forest at a crossroad. The hon Ozinsky enjoys it just as much as I do to walk in a forest. On the one side of the crossroad I see people who are unhappy; they are bored and visibly stressed. On the other side of the crossroad I see people who are focused and doing their work. If we are to debate this Adjustments Appropriation, we must make sure we know where we started, which money should be moved and how we should move forward. So, last night I googled to see where we came from. I googled “ANC 2010 corruption”. I got 6 000hits, but to be fair, I googled “DA 2010 corruption” and I got 3 million hits. Do you know what? These 3 million hits were all about corruption in the ANC. [Interjections.]

THURSDAY, 2 DECEMBER 2010 3073 There were actually 3 600000 hits on corruption. [Interjections.]This was 3 600000 for the ANC, because all of them were about the ANC. [Interjections.] Mr Speaker, it is unbelievable when the tide starts to turn against you. It is like dominoes falling – you cannot stop it. The ANC must not think that people are stupid. People are aware that the DA wants to weed out corruption, but the people are aware that Jackie Selebi was recently found guilty and the Judge said that this man “is an embarrassment to the police”. We had Chancellor House and I don’t want to go there again, but there are Eskom transactions with Hitachi that are still going on. Sometimes it seems to me that the ANC is so busy with his internal adjustments appropriation, because when it comes to mining permits for ANC cadres, it increases at certain times, and especially before elections. When I look at Schabir Shaikwho is driving luxury cars and playing golf, I see someone who should have been in prison. †Mr M OZINSKY: So you don’t drive a luxury car? *The MINISTER: When I look at Ace Magashule, the Premier of the Free State, ...[Interjections.] ... who the past year ... [Interjections.] The SPEAKER: Order! The MINISTER: Twice reports about him were published regarding possible corruption, ...[Interjections.] ...and we should watch this space. [Interjections.]I look at corruption in Land Bank.[Interjections.] †The SPEAKER: Order, members! No running commentary, please. [Interjections.] Order, members! No running commentary. Hon Ozinsky, no running commentary, please. Your heckling is allowed but not running commentary. Please continue,hon Minister. *The MINISTER: Mr Speaker, I look at corruption in Land Bank, and no one has been found guilty yet. I see John Block who was arrested and I wonder how he serves his adjustments appropriation in the Northern Cape Parliament at the moment. [Interjections.] I come to the conclusion, Mr Speaker, if I want to go through this Adjustments Appropriation, that without corruption the modern ANC cannot exist. What I find so ironic though, is that I really know my neatly dressed friend over here –and I am honest–as some one who fights for transparency and is someone who is willing to fight for corruption.[Interjections.]I am sorry, I mean someone that is willing to fight against corruption, to weed out corruption, someone who saw to it that our people in this House were found guilty and that people in this House apologised. Mr Speaker, what happened then? These people were promoted –some are sitting in Parliament and some are sitting in Washington. [Interjections.]The irony is ... [Interjections.]... – and the hon Ozinsky should listen–that these people now appoint people in their office with government money to fight the hon Skwatshain his election.[Interjections.]

3074 THURSDAY, 2 DECEMBER 2010 †The SPEAKER: Order, members! Order! *Ms J WITBOOI: You really googled thoroughly. [Laughter.] *The MINISTER: Mr Speaker, this is somewhat of a rib boned joke. Hon Brown enthused over working together. I hope hon Skwatsha and Fransman will also know something about working together next year. [Interjections.] †The SPEAKER: Order, members! *The MINISTER: Mr Speaker, unfortunately these are two names that do not go together at all.[Interjections.]I hope they find peace before Christmas. [Interjections.] Mr Speaker, let me get back to the adjustments appropriation, and this is the road we have to take. [Interjections.] The DA-road gives hope and people use their energy in a positive manner. The ANC causes people to be ashamed and discouraged. How do you enter a new year in 2011 when you know you are going to do dramatically worse than in the previous year? This should discourage you before you even start. †Mr Speaker, it was not by chance that I used the image of the two roads in a forest. We all know the poem by Robert Frost. I quote only the last four lines: Two roads diverged in a wood and I – I took the one less travelled by, and that

has made all the difference. Mr Speaker, I challenge the hon members in the opposition benches who are currently following the well-trodden ANC path in South Africa to reflect on Frost’s words. Maybe there is one or two of you for whom it can also make all the difference. †Mr M NCEDANA: Mr Speaker, we listened with interest about figures of our provincial economic development. Most of the promises were given last year but are not being fulfilled. There is hardly job creation and poverty eradication. Business is not blooming. The people of the Western Cape were made to believe that it is going to be a blooming province. As Cope, we think that this government should have long ago collected the data on how the poor people survive and at a local grassroots level the business initiative through street coordinators, use information to forge means of support and set up information centres, especially in townships and rural areas. These are key for Cope, and we think that this province will go a long way if it can establish some of this. It would also help to generate business requirements and practices and also obtain financial loans and make sure that the people are educated or informed on how to access jobs from the public sector and in the companies. It would also make sure that they mentor the young graduates. These, Mr Speaker, are key for this province, because if you follow the debates that we have been discussing about the high rate of unemployment, which is above 50% in this province … [Interjections.]It is. Go and you do your own research; I will bring mine. I am telling you it is above 50%.[Interjections.]

THURSDAY, 2 DECEMBER 2010 3075 If you look even further, you will also see that the previously disadvantaged individuals top the list of the unemployed. We do not find this in this province as a directive to address.It just a matter of nice pictures being made when we sit here, but when it must be implemented practically we do not see it. Mr Speaker, let me tell you what we have observed. Instead of reducing the high unemployment rate, you have increased it. When this government took over, how many black people have been expelled or compelled to resign?[Interjections.] When I say “black”, I mean in general.[Interjections.]This can only lead to the kind of open society that we talk about. When you talk about the open society, what exactly do you mean? When you marginalise others, then you put others as a priority, because the open society that we see in the Western Cape is only meant for one ratio. †Mr P C MCKENZIE: That’s true. An HON MEMBER: That’s your perception. †Mr M NCEDANA: That is not a perception. We discuss issues in the House and we raise questions to departments. I have raised questions to two departments – the Department of the Premier and the Department of Housing. Do you know what the officials say? They say, “We cannot give you information, go and ask the Minister.”What kind of an open society is that? †Mr P C MCKENZIE: That’s why that Minister is so weak. †Mr M NCEDANA: If we need information and there are employees who are employed to give information, they refer you to the Minister or to the Premier? Is it about centralisation? Is it about keeping information away from the opposition parties, so that the opposition parties are ineffective in this province?[Interjections.] Mr Speaker, it is going to help if this government would take the people of the Western Cape truly and honestly serious. The conditions in which the people are living are deteriorating, Minister. The Red Doors are being closed down and there are no alternatives to replace the Red Door. If there are issues about the Red Door being closed down, there must be an alternative that is going to assist the local business people that are there. Mr Speaker, as Cope, it would help to say, lastly, that the Premier was a mayor in the City of Cape and we know what happened there … †Mr P C MCKENZIE: What happened? Tell us. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: They stopped stealing. †Mr M NCEDANA: We know what happened there. Yes. [Interjections.]If they were stealing ... [Interjections.] †The SPEAKER: Order! Order, members! †Mr M NCEDANA: If there were stealing, they stopped stealing. I think we got more thieves there, because more than R500 million has been allocated without following the due processes of tendering.[Interjections.]

3076 THURSDAY, 2 DECEMBER 2010 The question is: who must follow the procedures and we must not follow the procedures? The jobs that were created … †The SPEAKER: Order! Will the hon member please conclude? †Mr M NCEDANA: Mr Speaker, the people who were employed there as casuals, many of them have lost their jobs. Those vacancies have not been filled to date. †Mr P C MCKENZIE: Here also. †Mr M NCEDANA: This notion of saying that this party is deploying people and that the DA is not deploying people, there is no doubt about the fact that the DA arethe worst when it comes to deployment. †The MINISTER OF HOUSING: Mr Speaker, there is obviously no pleasing some members of the House.[Interjections.] I will take you to all the projects where houses are being built, as we speak. [Interjections.] One of the concerns raised by members of the Opposition back in March about the 2010 Appropriation Bill was that the Province’s expenditure on housing was limited to the conditional grant it received from the national department. Last week, after my colleague Mr Winde tabled the Medium-Term Budget Policy Statement and the 2010 Adjustments Appropriation Bill, the same party – the ANC – complained that he was giving more money to Human Settlements. This complaint probably arose as a result of media reports last week of concerns raised with Minister Tokyo Sexwale to the National Assembly’s Portfolio Committee on Human Settlements about under spending across the country, including the Western Cape.[Interjections.] The report cited Finance Minister Pravin Gordhan’s October statement, which indicated that the Western Cape had only spent 33% of its integrated human settlement grant.[Interjections.] Mr Speaker, I am happy to report that the picture has improved significantly since then. As at the end of November, the Department of Human Settlements had disbursed just over R1 billion, which is over 52% of its budget. I will go into more detail about the reasons for our slow start and our interventions to ensure that we spend our budget. During the debate on the Vote of … Mr P C MCKENZIE: [Inaudible.] †The SPEAKER: Order! Order! Hon McKenzie, no running commentary. †The MINISTER: Mr Speaker, I will go into detail when I deliver my speech on Vote 8 of the Appropriation Adjustments Bill tomorrow, but suffice to say that while we remain alert to the threats of under spending, we are confident that we can spend the remaining 48% of our budget over the last four months of the financial year. †Mr M OZINSKY: So there is under spending? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Yes, huge.

THURSDAY, 2 DECEMBER 2010 3077 †The MINISTER OF HOUSING: I would just like to make the point, however, that sometimes one must increase the budget to unlock the expenditure. †Mr M OZINSKY: And you don’t spend and you want more. †The MINISTER: Just listen why. The lion’s share of the output adjustment, which is R83,9 million, is roll-over funding from unspent but committed funds from the 2009-10 financial year. This was granted by National Treasury in consultation with the national Department of Human Settlements in April. An amount of R30 million is additional provincial funding to finance infrastructure projects, without which a number of substantial human settlement projects would not be able to proceed or be completed. Bulk infrastructure is a key risk factor for our achieving the targets we have set ourselves in terms of Strategic Objective 6, developing integrated and sustainable human settlement. It is also a key risk factor for the national Minister’s targets under Outcome 8, sustainable human settlements and improved quality of household life. That is why Minister Sexwale focused on it during his discussion with the portfolio committee. Mr Speaker, I just want to emphasise this point of bulk infrastructure, which has also contributed to our slow start.[Interjections.] The challenges of bulk infrastructure are a serious challenge, as we have seen in the City of Cape Town where … †Mr P C MCKENZIE: The truth is that you don’t know how to provide housing. [Inaudible.] The SPEAKER: Order! †The MINISTER: Mr Speaker, we had some challenges with regard to the water treatment works and this has contributed to the loss of about 27 000 jobs in the construction industry due to the fact that some municipalities cannot get their projects approved because of this problem of bulk infrastructure. This is the reason why the Minister … †Mr P C MCKENZIE: [Inaudible.] Why don’t you resign? †The MINISTER: You must also understand that … [Interjections.]Mr Speaker, I think some of the members, like Mr McKenzie, have been here for some time. It is a surprise. They should know, but obviously … †Mr P C MCKENZIE: Yes, …[Inaudible.] †The MINISTER: No, you have no clue. Obviously, … Mr P C MCKENZIE: [Inaudible.] †The SPEAKER: Order! Hon McKenzie, no running commentary, please. †The MINISTER: Obviously, Mr McKenzie does not know that the funding for bulk infrastructure does not lie within the Department of Human Settlements. I think you must go and read so that you can learn that.

3078 THURSDAY, 2 DECEMBER 2010 As Minister Winde said last week, we intend to upscale the provision of serviced sites over the MTEF period from 18 000 sites this year to 31 000 in the 2014-15 financial year. We can improve our planning within the department and municipalities that is within our power to achieve or contribute to, but we need the cooperation of the department, cooperative governance and National Treasury working with the provincial Department of Local Government and municipalities to ensure that we address the bulk infrastructure backlog in the province, and not only in this province, but nationally. As I am speaking to you now, one of the provinces that is facing some serious challenges is Gauteng with the capacity of their bulk infrastructure. It has actually resulted in them not spending and not approving any more projects. †Mr P C MCKENZIE: Spend your money here, man, never mind Gauteng. Spend your money here. †The MINISTER: This is especially the case in towns with strength growth potential. We must focus our collective efforts to develop integrated and sustainable human settlements within areas of high economic potential and in conjunction with initiatives to realise that economic potential. There are many more demands of assistance with bulk infrastructure, that is why you are contributing a further R3 million this year in addition to R5 million last year to a study being undertaken by the Department of Local Government to identify and quantify the bulk infrastructure needs and potential blockages across the province. This project is due for completion in February 2011 and will culminate in a consolidated provincial master plan, but the master plan is only the first step, Mr Speaker. We then need to raise the money to fund the projects in the master plan. We already had a joint Cooperative Governance and Human Settlements Minmec, where the issue of aligning the MIG and Human Settlement Grant were discussed. Hopefully, the ongoing transversal discussions will result in this major challenge being overcome. For our part, we remain committed to do everything in our power to achieve our three broad outcomes of accelerated delivery of housing opportunities;instilling a sense of ownership, rights and responsibilities amongst beneficiaries, owners and tenants; and optimal and sustainable use of our resources. †Mr P C MCKENZIE: Not even your own members say, “Hear, hear!” [Interjections.] †Mr M SKWATSHA: Mr Speaker, we have learned about the DA’s failure to improve the economic environment of the province, despite its many promises and plans to increase jobs. This is the party that preaches devolution of power, yet it grabs all power and centralises it under the Premier. They are sweet words, but we also saw too many bad practices of under budgeting and roll-over of unspent money. In fact, the honeymoon is over. I wish to support the Leader of the Opposition. The novelty has worn off and now people want to see results.

THURSDAY, 2 DECEMBER 2010 3079 The government that comes into power on the back of fear and vengeance of its predecessor has much to do. The DA is trying to be everything to everybody but, in fact, it has failed and now it is nothing to no one, looking after the interests of its supporters in the leafy suburbs. South Africa is basically a united South Africa with provincial coordination, yet we see the DA’s attempts to build a volkstaat. The reality is catching up soon.[Interjections.]Instead of a regstaat we’ll see a magstaat rearing its ugly head. People are rolled and commanded and not consulted and assisted. You know that is true, including you. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: No, that is not true. †Mr M SKWATSHA: These glaring examples are in Makhaza, where you will see the Mayor of the DA, in fact, on national television, Third Degree, saying that they deserve zinc toilets because they live in zinc houses. He said this on national television. [Interjections.]We also saw how people … [Interjections.] Perhaps you should be embarrassed. You really should be embarrassed. [Interjections.] †The SPEAKER: Order! Order, members![Interjections.] Order! Thank you very much. Hon Skwatsha, please continue. †Mr M SKWATSHA: We cannot overstate this. People have lost their eyes in Hangberg. From the Overberg to the Helderberg, where a top cop of the Cape Metro Police ran his own operations under the nose of the DA, and only after months of ANC pressure some action was taken. Shooting at young boys playing soccer, like Van Dalen did, seems to be DA-approved sport. [Interjections.] Many other errant DA councillors are even given slaps on the wrists. The DA is slow to act against its own, but fast to shout foul about others. The hon Van Rensburg makes an example here of the ANC not acting against people. I want to remind the House about the following. Has the DA done something about Mnqasela? You quote John Block who is facing a trial. Have you done something about Mnqasela who is facing a trial? Has there been an instance where we ask for an investigation into the house he sold? Has something been done about that? Those who live in glass houses must not throw stones. Let us see how the DA deals with its friends.[Interjections.] †The SPEAKER: Order! Order, members! †Mr M SKWATSHA: In Cape Town, the DA needed smaller parties to secure the Mayoral seat and control the City. Then all smaller parties were pampered with all kinds of seats. When the DA did not need them anymore, they were chewed up and spat out. An HON MEMBER: But not eaten. Mr M SKWATSHA: Hon Cupido, a very honourable member, was walking the hallways there, sure that she would be Deputy Mayor.Where is she and others now? An HON MEMBER: She’s here.

3080 THURSDAY, 2 DECEMBER 2010 Mr M SKWATSHA: Here in the province it’s not much different. We see smaller parties abused and rejected at a very fast rate. When the DA needed some support it took Sakkie Jenner. Then his Leader took up a position here for pay and perks of about half a million rand a year, and Jenner was booted out.[Interjections.]What principle caused this to happen?[Interjections.] †The SPEAKER: Order, members! Order! †Mr M SKWATSHA: Marriages of convenience are made and broken in hours. Jenner was publicly promised an alternative position. What did he get? Where is he now? The real reason he resigned is because he was dissatisfied with this marriage.[Interjections.]During the past months or so, the DA was not respecting our Constitution by attacking Chapter 9 institutions. When they rule against the DA, they are ANC political hit squads. Further to this, hon Ncedana, I cannot agree with you more. Deployment is at the cornerstone of everything that the DA does. Brent Gerber is one case in point. We have now seen the deployment of Gerhard Ras, and the list goes on, and political purging of officials, from Ronnie Swart to Shanaaz Majiet. Virginia Petersen, who hunted the hon Carlisle, in fact, agreed that it was a political decision to fire Manyathi. This happened in sharp contrast to empty promises that no political purging will take place. What can one expect of a party that has … [Interjections.] †The SPEAKER: Order, members! You are drowning out the speaker on the floor. †Mr M SKWATSHA: What can one expect of a party that has as its signature tune a song like Koekie Loekie? [Interjections.]This song with its very sexist words tells a story of its own. The DA sings and dances to this tune. This is a story of a poorly clothed young girl who teases the boys and sends out a message that encourages little values. Hon Premier, I want to invite you to join me in singing this song: Haar naam is Koekie, Koekie Loekie, wil nie ophou roek nie. Meisie, jy het dit.

Die ouens raak mal as hulle vir Koekie sien. Hulle koppe draai as sy haar rokkie swaai. Elkekeer dan maak sy so ‘n Kaapsedraai. Oe, meisie, skudlos daailyfie. Die meisiesraak jaloers as hulle vir Koekie sien. Rooi lippies, hartjies in haar toppie. Haar mamma het haar geleer sy moet nie skaam wees nie.

This song perpetuates gender stereotyping, especially in these days of saying no to violence against women and children.[Interjections.]The song was slammed by commentators such as Judith February, Max du Preez and even international personae, especially because the girl’s name may also be a crude suggestion of female genitals. To most aspiring girls, this song is cheap, tells the story of a party girl, is demeaning to girls in general and change the image of young women. †Mr P C MCKENZIE: That’s why she sings it. †Mr M SKWATSHA: How can a leader of the DA be proud to sing this song on national television? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: And still win the by-election against the ANC. [Laughter.]

THURSDAY, 2 DECEMBER 2010 3081 †Mr M SKWATSHA: The DA differs … [Interjections.] It will defend it… [Interjections.] †The SPEAKER: Order, members! Order![Interjections.] †Mr M SKWATSHA: What else? It only supports the idea that the DA does not care for women. They have told us in the House that women belong in the kitchen.[Interjections.] They have told us this here. If the DA cared for women, you would have seen a different Cabinet sitting here today. In terms of this particular budget, I cannot overemphasise the fact that SMMEs are undermined in HDIs,Red Doors and the like. This party sees no role for them. †Mr MGE WILEY: Mr Speaker, I rise on the Second Reaning of this debate. I agree with hon member Skwatsha, with regard to the antithesis of what he’s talking about – the reverse of what he says – that if the DA does not care for women, then obviously the ANC does, and is led by example by their President who cares for every woman he comes across.[Interjections.] In any working or social environment where people have to work or cooperate together, it is critical that those in positions of authority spend both time and energy in looking after the needs of their fellow workers.[Interjections.]Some culture. By implication, this … [Interjections.] †The SPEAKER: Order, members"!Order! [Interjections.]Order! Please do not drown out the speaker. Hon Wiley, please continue. †Mr MGE WILEY: Mr Speaker, I would like to ask the ANC where in the Zulu culture is it that when persons are entrusted to your care, you sleep with them and then you say that you gave them money for a taxi to go home afterwards. The woman was not married to the President. He was married to other women.[Interjections.]He was engaged to other women.[Interjections.]Where in the Zulu culture does it condone that behaviour? The Zulu leaders from KwaZulu-Natal condemned that and said that they disassociate themselves with that attitude.[Interjections.] I never mentioned anything about … [Inaudible.] I never mentioned the word. [Interjections.] If I may continue, Mr Speaker, by implication, this means that if you are a manager you are not just tasked to assist in the welfare of fellow managers, especially not one’s own affairs, but also those who work under you. Critical to this approach is a clear job description, lines of communication and evaluation performance. This is a sign of an orderly society. It is an indication of the health of an organisation when the staff are happy and motivated. Although there are some things that an employer can do, one would be surprised just how much can be done – should be done, in fact – in making the working conditions and mental health of those who work for you a better place. Looking after staff welfare is a critical component of a successful thinking organisation. In return, an employer can insist and expect loyalty, dedication to the task and a striving for excellence. This has been consistent with the DA Government in the Western Cape when it tabled several Bills which Parliament later passed. In each case there have been elements of role clarity, minimum standards and expectations, evaluation, accountability, honesty and the insistence of better performance.

3082 THURSDAY, 2 DECEMBER 2010 This was so in the Western Cape Ambulance Services Act, which suggests that those in need medical assistance, mainly the poor who cannot afford medical aid, must be attended to and transported by highly trained ambulance staff. They must be accredited, their vehicles and equipment must be serviceable and licensed, and they must be evaluated. In return, they are entitled to go about their work unhindered and be treated with respect. That, too, is in the law. In the Western Provincial Schools Education Amendment Act, this holds principals, pupils, boards of governors and even the department to account, laying out what is expected of them, setting targets, holding those in authority to account and catering for those who need further assistance without stigmatising them. Excellence is rewarded and ill discipline punished. Already an international study by the Kingsley Group has lauded and acknowledged the department for its progressive approach, with its aim to lift standards even by world standards. The Procurement Act is another piece of legislation that insists on excellence and honesty in an attempt to rid our society of corrupt practices and insider trading, and that is so pervasive in South Africa today. I could go on but would like to rather look at the reverse side of the political coin. How does the ANC and its affiliates approach this topic? In the Ambulance Bill, they argue that we could not force our will – that is the Western Cape will – on other provinces, and we heard this afternoon how in danger they feel with regard to provincialism. The private industry must give more free service than they already do. In the Education Bill, they did not want principals to be held to account with clear lines of responsibility, this to the detriment of pupils and this despite an ever-growing gap between performing schools and underperforming schools. Significantly, it is generally the ANC-affiliated Sadtu-alliance schools which fall within this bracket, where staff are frequently absent, school equipment simply disappears and pupils are left to their own devices. The careless attitude of both staff and clients is becoming a hallmark of ANC rule, and one can point to any one of the dozen departments that are simply a disgrace, with zero accountability. I mention just one, Home Affairs. Just now member Ncedana talked about a 50% unemployment rate. On the way to work today I gave an Angolan in Hout Bay a lift into Camps Bay. He tells me that he is here in this country and has been for nine years. He goes home every year, but he is taking work away from a South African in the process, and he has just been given a three-year extension on his permit, without any qualification. Maybe that is where the unemployment comes from. Just today, the long-awaited South African National Defence Force Service Commission report has been given some media air, and it is no wonder that the Minister has done her best to keep it under wraps for so long. The report details rock-bottom morale in our army units, inhuman living conditions and a dysfunctional grievances policy. Just yesterday, the High Court ordered the reinstatement of over 900 dismissed soldiers because no proper procedure was followed. Similarly, unacceptable living circumstances can be found in the South African Navy just down the road in Simon’s Town, and I have spoken about this in the House before. Closer to home, the SAPS have much to answer for, and here I speak about Parkhof Flats in Kenilworth. The fire hydrants and reels were last serviced in 2007 and have rusted to such a point that the hoses lie on the ground, perished and unusable, and the fire cabinets have swollen shut as a result of the damp.

THURSDAY, 2 DECEMBER 2010 3083 Pipes, including sewer pipes, leak constantly. Drains are blocked and the electricity boxes are left unlocked for children to tamper with. The lifts have not worked for months and the front doors are so kicked in that only spars of wood remain. Letters and other postal items get blown out of the door less letter-boxes at the slightest wind. Maintenance of the grounds is non-existent and the children are forced to play on the streets, which creates bad blood with the surrounding residents. The caretaker was let go years ago and no one is in charge. The rest of the tenants have been given notice from the 1st of this month but have nowhere to go. Where will a constable with a lowly salary of a few thousand rand find accommodation in Cape Town at this time of the year? These men and women have to maintain the dignity and order in our society but are treated in this way. How can they keep us safe if they feel so secure in their own employment themselves? These facts indicate that government as an employer that does not care for its workers has lost its pride and only busies itself with matters of self-enrichment, power-hoarding and cronyism. The ANC is playing not only with South Africa’s future but its current stability. No wonder the natives are restless. †Mr M OZINSKY: Mr Speaker, yesterday was also the anniversary of the abolishment of slavery in this country which took place 172 years ago. As opposed to what liberals like to say, slavery was not abolished for any moral reasons. It was abolished because it was a hindrance to the economy and for those who were in charge of the economy throughout the empires of the British and later other empires. What happened after the abolition of slavery was that the slave owners and their political representatives, those who are the ancestors of the DA and their liberal policies in this province … [Interjections.] You are liberal today, and those are your ancestors as well. You’ve sold out Afrikaner nationalism completely because you’re now in a liberal party, and Afrikaner nationalism and liberalism cannot in any way be reconciled. Anyway, your ancestors, those liberals of the Cape Colony, then said: “Oh, we have abolished slavery; everyone is now equal”, ignoring the fact that the slaves then became indentured labourers for another few years. Then they said: “Oh, but you are equal. You’re no longer slaves. Now compete in the economy.” [Interjections.] One hundred and seventy two years later today, the descendants of those slaves remain completely marginalised.[Interjections.] The DA says to them: “You’re equal. Where is the problem? Compete in the economy.”[Interjections.] That’s what you say all the time about your open opportunity society.[Interjections.] This is why even after apartheid and decades and decades of oppression the DA says: “You are equal. You don’t need affirmative action. You don’t need black economic advancement. Sit there and remain marginalised.”[Interjections.] The SPEAKER: Order! Mr M OZINSKY: This is what we see today in this city. We see under the DA rule in the City for the last five years, lead initially by the hon Premier, increasing inequalities, increasing disparities in service delivery and all major investments going to areas where they are hardly needed. The DA, under your leadership, decided instead of putting the IRT to the poor areas of the city in the south east, to send it to Blaauwberg in Milnerton, because there people have to sit … [Interjections.]

3084 THURSDAY, 2 DECEMBER 2010 †The SPEAKER: Order! Order, members! There should please be no running commentary. †Mr P UYS: Mr Speaker, please! Not once in this debate you addressed the Premier, who’s giving running commentary all the time. †The SPEAKER: There are a few members who’ve done that. Thank you very much. Hon Ozinsky, please continue. †Mr M OZINSKY: Thank you. This what these adjustments continue to do in this province and will continue to do – increase inequality and put the investment and government delivery in the wrong areas. I would like to note, for instance, that the hon Winde made great mention of the regeneration of the City, yet today they have all their plans and they have not consulted one person publicly about those plans. They have been in power now for up to 18 months. They have been doing this from the beginning. There has been no public participation process. What will happen is that this hon Minister and the Mayor will one day come and say: Look at the great plans we have, but if you don’t like it, take it or leave it, go and live in Khayelitsha.[Interjections.] The irony is that the DA claims that their economic policies are those that will bring growth. As I’ve argued consistently in the House, DA policies cannot bring growth. I note that the hon Premier is saying that they will bring growth. Then how can she explain that her MEC for Finance stood up here and said that this province will have a lower growth rate than the rest of the country under DA policies? †Mr P C MCKENZIE: For the first time ever! †Mr M OZINSKY: You cannot say that it is not because of DA policies, because in May this year the DA issued a press statement, saying that the seasonal rise in employment during the summer holidays in the Western Cape was due to their policies. The very next quarter unemployment increased in this province. Of course, the DA was too scared to say that the decrease in unemployment was because of our policies. What we can say is that the Minister of Finance has admitted in the House that your policies will lead to a lower growth rate than the policies of the ANC at a national level. You have closed the case and it is quite clear that the DA does not have the policies that can bring growth, and he did say this. Winde said that he is now predicting a growth rate of 2,8% in the province, whereas the national growth rate is 3,5%. He is predicting. Either he is wrong in his predictions, in which case he is not fit to be in that position because then this budget is based on the wrong reasons, or otherwise he is admitting. You cannot have it both ways, Premier. You like to argue both sides of the argument every time. For instance, when I challenged you that the only country in the world that has economic policies that have led in the last 20 years to a decrease in inequalities is China, you stood up here and said that China was a dictatorship and asked whether I would like to live there. The hon Winde says in his speech, “We are looking at what the Chinese are doing to bring their experience to South Africa.”[Laughter.]You can’t have it both ways, Premier.

THURSDAY, 2 DECEMBER 2010 3085 Either you were wrong when you were attacking China or he is wrong, but there’s a certain logic to your arguments that you don’t even remember what you said yesterday. One day you attack China and then this week you come here and say:“We’re praising China. We must go and see what they’re doing.”[Interjections.] It’s the same with cadre deployment. We’ve already raised the issue of Africa, the Head of Traffic, who you appointed here. You had a possibility at the end of his probation to remove him. You knew what he did in George. You’ve seen the reports of what has happened in George, yet you felt he was still fit for purpose. Now, your colleague, the hon De Lille, is bringing Mr Gerard Ras here.[Interjections.] Yes. Bring it. You don’t know. [Interjections.] †The SPEAKER: Order! Order, members! There should be no running commentary, please. †Mr M OZINSKY: Mr Speaker, let’s talk about the appointment you announced yesterday. Mr Ras, as you well know, owes the Matzikama Municipality R1,8million since 2005.[Interjections.]Yet the municipality has illegally written off that amount now after being told by Treasury that they have to recover the money.[Interjections.]I’ve given the proof and I’ll give it to you as well.[Interjections.] It hasn’t been settled. It still has to be finished in Scopa, and knowing that he owes R1,8 million, you still appointed him. You still appointed him, knowing that amount and while you knew that Scopa is still dealing with the issue, and this continues. It might sound… [Interjections.] What’s wrong with Dilewe? [Interjections.]There’s nothing … [Interjections.]No, … [Interjections.] †The SPEAKER: Order! Order, members! †Mr M OZINSKY: Let’s talk about service delivery. A few weeks ago, hon Von Brandis stood up here to praise the Midvaal Municipality led by the DA. What he didn’t tell us about the Midvaal Municipality is that there’s an SIU investigation into the DA councillors’ illegally forcing people out of municipal houses and then buying the houses for themselves. That is what DA rule means. [Interjections.] Yes, and that’s exactly what we will expect in Cape Town. Already we have a senior DA public representative who illegally obtained a house and no action from the DA. [Interjections.] Let me say that the hon Wiley wants to talk about the morals of the President. Let’s talk about the morals of your public representative, Mr Mnqasela, who, for instance, admits that he spent the night with a 17-year-old girl in his house. Let me remind Mr Wiley that he wants to raise the morals of the President but he spent many years fighting for an apartheid system which was based on Bantustans. The motivation of the Bantustans was that people should be allowed to practise their own cultural traditions in an area alone. That was the very basis of the Bantustans, and part of that and central to that was the KwaZulu Bantustan.[Interjections.]Those are the traditions of polygamy. The very interesting thing is that the hon Mr Wiley himself has been part of a religious group that practices mass weddings.[Interjections.] Yes! The Moonies are well-known for the mass weddings, where on one event 30000 people get married, but he wants to attack other people’s cultures and he doesn’t want to look at his own culture. That’s exactly what I started off with.

3086 THURSDAY, 2 DECEMBER 2010 These are the people who abolish slavery but leave the slaves in shackles and then say to them:“Yes, we’re all equal.”[Interjections.] Premier, you like to point fingers at other people. The Speaker, who’s sitting in the Chair, has overseen legislature processes in this legislature administration, where his office, in contravention of the PFMA, has been directly involved in booking transport for members in other aspects. They’ve admitted it. In fact, they now say: “We’ve stopped it”, which meant that that went on. Your Speaker has been making bookings and contracts with suppliers from his own office, in direct contravention of the PFMA,… [Interjections.] … and this issue has been discussed in your caucus many times and you still refuse to take action against the Speaker, even though more than half the caucus is really opposed to … †The SPEAKER: Order! Would the hon Ozinsky please complete the sentence? [Laughter.] †Mr M OZINSKY: That shows you that you can come here and throw stones at the ANC, but you are guilty, knowingly guilty, of far worse in your own party. †Mr MGE WILEY: Mr Speaker, I rise on a point of order: The hon member who has just spoken has misled the House. I’ve never belonged to any organisation called the Moonies or the Unification Church ever. †The SPEAKER: Are you first asking permission to give a personal explanation on some matter? †Mr MGE WILEY: Yes, please. Do you want it now? †The SPEAKER: Please. †Mr M OZINSKY: Sorry, Mr Speaker, there’s a process to give an explanation in the Rules. This is not the process. It cannot be done like this. †Mr MGE WILEY: Then I will give notice to give a personal statement tomorrow. Thank you. †The SPEAKER: Just a moment. †Mr M G E WILEY: Must I repeat what I said, Mr Speaker? I give notice that I’ll give a personal statement tomorrow. Thank you. [Interjections.] †The SPEAKER: Order! [Interjections.] Hon Wiley, in terms of Rule 63you are afforded an opportunity for three minutes but no further debate about the matter. You may give an explanation. †Mr MGE WILEY: Is it now, or can I do it tomorrow? †The SPEAKER: You may do it now during the debate as well.

THURSDAY, 2 DECEMBER 2010 3087 †Mr MG E WILEY: Thank you. Mr Speaker, I just want to set the record straight with regard to my so-called participation in an organisation called the Unification Church. In 1976, while I was attending an around the world trip, I was hitching my way around the world and I was invited to go to one of these sort of outward-bound-type…[Interjections.] With respect, … Mnu M NCEDANA: Somlomo, bendikhe ndabanengxaki eloluhlobo kule veki iphelileyo. Wathi mandifake isicelo sokuba ndibuye ndize kucacisa ukuba bendisithini na kwintlanganiso ephelileyo. Senzekanjani ngoku esi isigwebo? [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: Speaker, I once had a problem like this last week. He said I must make a request to come and expalin what I was saying during the last meeting. What informs this ruling now?] †The SPEAKER: Thank you very much, hon Ncedana. I have consulted with the Table and, yes, there could’ve been an opportunity as well to give an explanation during the debate and it could be asked to be at the next session as well. In light of Rule 63, we could allow the member then to explain during the debate as well. We will afford the member the opportunity and acknowledge the point raised by hon Ncedana. Hon Wiley, would you please complete that, please? †Mr MGE WILEY: Must I continue, Mr Speaker? †The SPEAKER: Yes, please complete. †Mr MGE WILEY: As I was saying, in 1976, as a 19 or 20-year-old, I was visiting the United States, like most people do at that age, travelling around the country and I was invited to go and join a rural camp somewhere in California. I spent six days there. After six days, I left voluntarily.[Interjections.]The organisation was literally just a sort of happy-clappy-type camp. I never became a member of any organisation. I voluntarily left. I never went back there. I’ve had no association with … [Interjections.] It transpired at the end of it that apparently this particular camp was funded by this organisation called the Unification Church, which I wasn’t aware of at the time, and I disassociated myself from any identification of that particular organisation. I cannot see how, in any way, I can be then construed as being a member of that organisation. †The SPEAKER: Thank you very much. There’s no debate on this … †Mr M OZINSKY: Can I just address you on this matter? †The SPEAKER: No, there’s no debate. †Mr M OZINSKY: The hon member admitted exactly what I said. †The SPEAKER: Hon Ozinsky, please! There’s no debate about the matter. I recognise the hon Carlisle. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, I sort of prepared myself for what I thought would be a huge attack on the DA.

3088 THURSDAY, 2 DECEMBER 2010 I’m sorry she’s gone, but the hon Leader of the Opposition made a standard opposition speech. It was okay, but regarding the other two big guns, one of them sang a song. He spent half his speech singing a song.[Interjections.]He sung it very badly, too, if I may say so. I think it’s an indication of a strong homing instinct on his part and I want to say to him he’s very welcome here. The other big gun blamed me for slavery, which I found a bit rough.[Interjections.] I’m sorry he’s leaving. He then entered a strong defence on polygamy and … [Inaudible.]I asked myself why this is so. I know many of these people for many years. Why is it that there should be such weakness in the speeches. I guess it says, Mr Speaker, that we must be doing a lot of things right and they’re finding it very difficult to find things of substance that they can say we’re doing wrong. There are all sorts of accusations – you’re racist, you’re this, that and the next thing – but we all know that’s standard stuff but serious stuff. I find that encouraging, and I’ll come back to that, Mr Speaker. I’m sorry that the hon Leader of the Opposition is not here. She spoke on education and two of the speakers spoke on unemployment. I just want to say: Let’s not kid ourselves about certain things. The kids who go to school in Khayelitsha receive eight times more government funding per head than the kids who go to school in Claremont. That old ratio is completely reversed. There are schools in Khayelitsha, like, for instance, Joe Slovo, which obtain 70% matric passes; Cosat, 93,3%; and ID Mkize in Gugulethu, 80%.The point I want to make, sir, is if some schools can achieve that, then why can’t others? They all suffer the same, and I accept her comment on the environmental difficulties. We’ve got to look somewhere else, and two people told us where to look. One was the then Minister of Finance, who came here to address us, and the other one was the hon Gabru. He said that you’ve got to look at what’s gone wrong with teacher motivation and with teacher discipline. I can tell you what’s gone wrong with it in one phrase –Sadtu that puts its own union rights above the rights of children. When you get that way you must get out of teaching. You don’t belong in teaching. I will tell you that there was a programme the government started to restore the great old liberation schools – Adams, Bats and Lovedale. A person here in Cape Town was so delighted with this that he took on the job as principal of Lovedale for free. He said: “I don’t want a salary. I’ve come to do it for free”. He left after two years, a few months ago, because the Sadtu shop steward would not allow that school to operate as a school, and Lovedale is just falling apart.[Interjections.] I want to come to another thing on unemployment, and I’m glad that hon Ncedana is here. There’s lots of things that we must do to increase … [Interjections.] Do you mind?[Interjections.]There’s lots of things, sir, that we can do for unemployment... [Interjections.] †The SPEAKER: Order! Order, members! †The MINISTER: Some of them we are doing and some of them, perhaps, can be done better. There’s one truth that South Africa has got to face up to. Until flexibility is brought into the employment requirements of the Labour Relations Act, the poor of South Africa haven’t got a chance. That’s something we’ve all got to face up to, and the ANC knows that’s true, sir. They know that’s true. That’s something we’ve got to face up to.

THURSDAY, 2 DECEMBER 2010 3089 You’ll never fix employment – and I’m sorry he’s having a chat over there … [Interjections.] What you get is little manufacturers in Natal paying less than the big boys, because the Labour Relations Act creates an institution of big government, big business and big unions, and that’s death to the small and medium-sized businesses. Big business and big unions don’t want those little guys around.[Interjections.]In Ladismith, sir, they close down factories and the poor actually protest against the closing down of factories and have to be chased off by the police. There are serious truths which the opposition has to face. Like most people here, I joined a political party because I had one goal – and I think we all share that goal – and that is, can I do something to make this a better place.[Interjections.] No, no, I’m sure you have that goal, hon Max. I have no doubt about that whatsoever. We may not share the same roots, but I’m sure we share the same goal. I, like many, did what I could. For most of my political life, there were some small successes but mostly failures. As a Cabinet Minister, I discovered your opportunity to bring change is considerably magnified. It was suggested by a couple of speakers on that side that we’ve done nothing. I thought I’d just talk about one or two of the things that have happened. Safely Home was a programme that I set up in my department to cut the road fatality rate by half.[Interjections.]In our first year, we have brought down deaths by 11% while the rest of the country has gone up. We’re on track to meet our goal of cutting the death rate by half. There are 150 people alive today that shouldn’t be alive, and that will grow by 2014 to 1 500 people who will be alive who otherwise wouldn’t have been alive. We did this, sir, by fully engaging law enforcement, by introducing new technologies, by enforcing law and regulation, by impounding 2 200 passenger vehicles that were either unsafe or unlawful and by planned strategic roadblocks. In particular, we focused on drunk driving, the number one killer in this province. We now have much evidence that attitudes and behaviour have changed significantly. We did something, sir, and the previous government didn’t do it. I inherited a department that under the previous government had been torn apart by corruption and rank bad management.[Interjections.] We focus on structure, policy and precept delegation and in one year we turned a qualified audit around. In three years, we’ll achieve a clean audit. Sir, we see the harmonisation of the taxi industry as the foundation of a sustainable public transport system. We put enormous human resources into our relationship with that industry. Today, NTA and SANTACO, far from being enemies, are one house who work closely with us on all matters affecting transport, who next week will launch their own holiday safety campaign and who, with us, are working towards the formation of a taxi cooperative that will save the industry tens of millions of rands each year. That’s something that’s happened here that didn’t happen in the past.[Interjections.] Mr Speaker, let me conclude on this. If what we are doing here, wiping out road maintenance backlogs over the next nine years, using our assets to generate enormous economic growth – and you’re going to see the first of it in the next three months, two years ahead of schedule –if we can do those kinds of things like cutting the death rate, then it can be done right across South Africa.

3090 THURSDAY, 2 DECEMBER 2010 There’s nothing special about the Western Cape. It can be done right across South Africa. However, if it is to be done, then those who hate corruption cannot sit on different sides of the fence. Those who suffered and were prepared to die for liberty cannot continue to promote a politics of predatory ruthlessness which they hate. †The SPEAKER: Order! Will the hon Minister please conclude? †The MINISTER: If I may finish, sir, those who share my anger about the unacceptable levels of poverty need to look squarely at 15 years of failure, waste, unjust enrichment and begin to strategise a new way forward. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I answer this debate … [Interjections.] †The SPEAKER: Order! Hon Ncedana, would you like to address the Chair? †Mr M NCEDANA: Mr Speaker, can I be helped by the Chair on this matter on explanation? It talks about an explanation during the debate is allowed with prior consent. This is Rule 63(1), and Rule 63(2) says the same thing. I don’t understand what happened earlier on here. Help me. Prior consent, in my own interpretation, means before this meeting, which was what applied to be in the last meeting when I wanted to explain. †The SPEAKER: Hon Ncedana, thank you very much. I do appreciate that. I’ve noted that concern and I’ve explained briefly. I have ruled on the matter in terms of Rule 63.You are most welcome to come to the Chamber. We can have a discussion about it and relook at it with us. We have ruled on the matter that hon Wiley had an opportunity to respond during the debate.[Interjections.]Thank you. We have ruled on the matter. †Mr M NCEDANA: I respect that you’ve ruled, but I don’t think it’s a matter between you and me.It’s an issue of the House. †The SPEAKER: Thank you. We’ll take that into consideration.[Interjections.]Iask the hon Minister Winde to please continue.[Interjections.] †The MINISTER: Thank you very much, Mr Speaker. First of all to the hon Minister Meyer, I’m just going to highlight ... †Ms TN BEVU: Mr Speaker, on a point of order:What is your ruling now? What else then? We are talking about the explanation in terms of the Rules of the House. This is what it is saying. You can’t rule otherwise. †The SPEAKER: I have ruled on the matter. I’ve consulted with the Table … †Ms T N BEVU: And then what after that? What is going to happen now?[Interjections.]We feel that you are wrong. [Interjections.] †The SPEAKER: I have advised that the matter can certainly be addressed with me and I can certainly report back on the matter.[Interjections.] †Ms TN BEVU: Okay.

THURSDAY, 2 DECEMBER 2010 3091 †The SPEAKER: Thank you very much. Hon Minister Winde, please continue. †The MINISTER: Thank you, Mr Speaker. As I was saying, I’m just going to comment on two issues raised by the hon Minister Meyer, the first being the issue of Chancellor House. I think very much point taken. Every time every single electricity payer in this province pays their electricity bill every single month, then one wonders at the end of the day what kind flow is there into the ANC coffers through that process – the process that was spoken about, Chancellor House-Hitachi deal through Eskom. The second point that you raised was one about certainty for the Kaapse Klopse and the budget going forward. I think that forms very much part of what we’ve spoken about, about creating that certainty, number one, but also looking at events throughout the year and making sure that those events form part of one big strategy to boost and grow our economy, which is obviously Strategic Objective 1 and it’s all about growth. I thank you very much for partaking in this debate. I now move on to the Leader of the Opposition, the hon Brown, who spoke first of all about the PER&O.I think I have announced it, but I would like to say it probably again. You spoke about that document and that we’ve continued with it.I agree with you that it’s a very good document. We actually have to improve on it and make it better all the time, but we also have to be able to use it better. That’s why we’ve said that we don’t want to continually table it now at this time of the year, because at this time of the year, as you know, we’re already very far advanced in producing next year’s budgets. It’s now getting down to really final number crunching with what we’re getting from National Treasury. What we want to do now is move it to the June/July period so that departments can actually make more use of the PER&O as they are starting to think about their next year’s budgets. You spoke about the 2,8% growth, and I noticed that the hon Ozinsky spoke about it as well. You spoke about the choices that we’ve made in this province. That is why we are seeing that 2,8% growth. We’re seeing other parts of the country actually starting to move ahead of us, and that’s why I said that I’m concerned. I am also concerned, not only from the quarter of job losses in this province –which the hon Ozinsky was talking about, where we saw 39 000 jobs lost. I think that is the exact number of jobs lost in the province. However, by the next quarter, when the report is going to come out, we will probably still see even more than that by way of job losses, because of those choices and because of how the economy has changed into a services-based and finance-based economy.Prominently 70%-odd of our economy is based there and the contraction that we’ve seen on the other side is perhaps in manufacturing, where we have seen a drop. I’ve pointed out that I do think that we’re not going to see that pull out as quickly as we have seen in other provinces, specifically in Gauteng, and that’s because of those choices. Gauteng also has another area in which we saw the first drop in commodities being dropped off because the emerging market countries, like China, Brazil and India, who primarily buy those raw materials from us, started slowing down. Gauteng saw it first. We managed to retain that for a lot longer. Now they’re starting to pick up on the back of the growth continued in those markets, and that’s why we’re seeing it a bit slow. Also in that space, it’s not only those key markets.

3092 THURSDAY, 2 DECEMBER 2010 It’s also something that I think the hon Carlisle spoke to, about unions, labour relations, etc. One of the areas that I think affected that quarter, where we see those 39 000 job losses, was because we had continued strikes, specifically in the transport sector, and we saw lots of our export products sitting on the harbour, not going out to market. That also posed a huge threat, and in that quarter we saw 25 000 job losses only in the agricultural sector. Seasonality plays a role, but I think that those continued transport strikes had a huge impact on that market. I think also the droughts in the Southern Cape had an impact. The next point that I want to get to is the PDC which you spoke to. The PDC is, as you said, a consultation mechanism which government consults with labour, business, civil society. Quite frankly, we have made a decision on that and we’re in a process of dealing with the PDC. We spend R7 million a year on that PDC and, quite frankly, we do not get R7 million back. To add to that, it is not a true and proper consultative body. It is not dealing properly with that kind of consultation. Let’s just use civil society as an example. The representatives there of civil society do not come near really representing civil society –nowhere near –those few members who claim to represent civil society. At the end of the day, you’re using this R7 million mechanism and then you’ve got to go out beyond that and go and look at further ways of communicating with civil society, and labour is exactly in the same position. However, without getting into a full debate just on the PDC, perhaps I just want to raise three issues. The first is I remember getting to the first meeting of the PDC and looking at the Minutes of the previous PDC meeting, which took place during the previous government’s tenure. That was my first PDC meeting. There was an item in the Minutes that really jumped out at me. It was the transfer of money from the PDC to Cosatu.[Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Do you approve of this?[Interjections.] The SPEAKER: Order! Order! [Interjections.] The MINISTER OF TRANSPORT AND PUBLIC WORKS: Do you approve? [Inter-jections.] †The SPEAKER: Please no running commentary! Order, members! [Interjections.] Hon Minister … †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, when I raised that issue when we went through the Minutes, it was actually quite interesting to see how Mr Ehrenreich did a very quick backtrack and said:“No, no, no, we’ve got to change this. It cannot be like this.”He asked that the Minutes actually be adjusted, and we changed that.[Interjections.] The second of the three items that I would like to raise is specifically two committee reports out of this Parliament, the first being a report from the Standing Committee on Public Accounts (Scopa).It was dated 5 February 2009.

THURSDAY, 2 DECEMBER 2010 3093 †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Who was the chairperson? †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: In this committee report of this Parliament, it states: The committee expressed its concern at the manner in which the Western

Cape Provincial Development Council operates and recommends that the Premier investigate whether they should continue to exist …

So it goes on. I won’t carry on. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: But who was the chairperson? †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Guess who was the Chair of this committee, guess who was in government then and guess who the Premier was asked to investigate. Premier Brown in those days...[Interjections.]We just continued with these reports. The second one was the Standing Committee on Governance, and let’s read what they say here. On page 20 of this report it says: The committee is not convinced of the need for the continued existence of the

PDC in its current form and wishes to recommend that the Cabinet reassesses its mandate.

[Interjections.] Exactly as has been said by the hon Ozinsky, … †The MINISTER OF TRANSPORT AND PUBLIC WORKS: We’re doing what you’ve asked us to do. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: … we’ve done exactly that. We’ve gone through a process. We’re still in the middle of that process … [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: We’ve done exactly what you wanted us to do. †The SPEAKER: Order! Order! Please do not drown out the speaker on the floor. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: We’re still in the middle of that process, and the hon Lynn Brown says that there is no consultation with labour and civil society. The PDC still exists today. It continues until there’s a change. This parliament has to make that change.[Interjections.] She says that consultation is not there. Those meetings are still taking place. †The LEADER OF THE OPPOSITION: No, but I didn’t say that. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: And it’s as bad as it was when you got … [Inaudible.] [Interjections.]

3094 THURSDAY, 2 DECEMBER 2010 †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM:Then let me talk about foreign direct investment.[Interjections.] †The SPEAKER: Order, members! Order! †The MINISTER: The hon member mentioned foreign direct investment Do you know what is very interesting about foreign direct investment?[Interjections.]The Minister of DTI, Rob Davies, has actually signed a contract with the President that says he will get R120 billion worth of FDI into South Africa over his five-year term. I have met with him and asked him:“Can we please help you with your component with the Western Cape’s share of that FDI? We really want to help you with it.” Quite interesting, when you talk about FDI – I have just come back from a 48-hour trip to London – in discussions with the economic agencies in London the one thing … [Interjections.] No. The one thing that is very interesting there was that every single time that FDI is discussed there is grave concern raised, specifically around issues of nationalisation and Julius Malema, but they say that every time that happens then always somebody comes on. I have just been there. Deputy President Kgalema had just been to UK to say: Do not worry about what Julius is saying. It’s not true. Please continue with your foreign direct investment.[Interjections.]He is sending very, very confused messages, if you want foreign direct investment to continue. The next thing is the focus of SMMEs. The hon Brown mentioned a number that comes out of the Red Door performance. I think she said R20000.It is actually R21300 and something, but she speaks about that number as the outcome. That’s the number of people who went through a Red Door process. Some of them walked and asked, “Can you tell where the Spar is?” and it gets recorded as a number.[Interjections.]The big problem in that region is what is the difference on the ground and where is the focus. There was comment was coming from the hon Ozinsky, saying that we only support big business. †Mr M OZINSKY: That’s what you said. †The MINISTER: We have got support big business. †Mr M OZINSKY: That’s what you said. †The MINISTER: We have got to support the SMME sector. We have to support growth. Across the board we have got to support growth in every single area.[Interjections.] There was also talk on that growth and the number of taxpayers versus the number of grants that are handed out every single month – R5 million to R14 million. [Interjections.] †The SPEAKER:Order! Members, please refrain from running commentary. †The MINISTER: That is not sustainable, Mr Speaker. †Mr M OZINSKY: Mr Speaker, I want to ask the hon MEC a question, why his colleague doesn’t support … [Interjections.]

THURSDAY, 2 DECEMBER 2010 3095 †The SPEAKER: No, no, no. Hon Ozinsky, you have to request that. You may not put a question. [Interjections.] †Mr M OZINSKY: Mr Speaker, I would like to ask the MEC whether he’ll answer my question. *Mr P C MCKENZIE: They are afraid! †The MINISTER: He can ask a question. †Mr M OZINSKY: Thank you. Mr Speaker, he said I could ask the question. In the Standing Committee on Agriculture, dealing with adjustments, they were asked whether they support the closure of the Red Doors and the MEC and Head of Department said that they do not support the closure of the Red Doors. Could the hon MEC tells us why he wants to close the Red Doors when the department that is in charge of most of the implementation around the Red Doors does not support the closure? †The MINISTER: Yes, I will get to that. I will get to it right now. We are not closing every single Red Door. We are having a look at where money is being spent and we need to get growth across the board. We need to make sure we spend money across the board in the right spaces to get the maximum growth, because without growth we cannot create jobs that the hon Ncedana speaks about. We cannot create growth to change that unemployment rate.We need to see where we spend money and spend it effectively. We will not close every Red Door, but we will also negotiate. This discussion is happening at a Minmec level, where we’re saying that Ceda, Red Doors, the private sector, local economic development, where are we duplicating? The hon Brown knows very, very well because she actually made a promise to a privately funded local economic development office in Saldanha Bay to say, “We will not open in competition to you”, but the Red Door during her tenure opened in competition to that office.[Interjections.] Now what happens is that they poach staff amongst each other.[Interjections.] There was also speak about access to education, and that is absolutely correct. We need to make sure that the hon MEC of Education is focused on that. You will also know that that is obviously one of the key competencies, and where we focus our funding is on education in this province. The hon Cupido, thank you very much for taking part in this debate. You did mention the word “increase” in money. It is not an increase in money. We are getting more money because of the wage negotiations, but other than that we are not getting more money. In actual fact, it is very, very difficult at the moment because of the downturn in the economy and because of less taxes being collected. It is very, very difficult for the Treasury to actually try and make sure that we retain doing what we are doing. Those pressures are immense. I thank you very much for the support in this budget.I mentioned about no extra money. I move on to the hon Van Rensburg. He spoke about the number of hits on corruption on the Internet. I am not going to say anything … †Mr P C MCKENZIE: He didn’t google properly.

3096 THURSDAY, 2 DECEMBER 2010 †The MINISTER: … further on that. He also mentioned Chancellor House, Eskom and Hitachi. I actually think that that is one issue that is probably dividing the ANC more than anything else. An HON MEMBER: Which one? The MINISTER: Which one? [Laughter.] You do not have to worry, Mr Skwatsha. I am not talking about Deputy Minister Fransman. You do not have to worry about that. The hon member Ncedana spoke about job creation, the economy … [Interjections.] The SPEAKER: Order! Order! The MINISTER: He spoke about money and loans, and he is correct. One of the biggest hindrances to the economy and economic growth at the moment… †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, I am right next to the person who is speaking and I cannot hear him. [Interjections.] †The SPEAKER: Thank you very much.[Interjections.]Hon members, please consider this very seriously. You cannot have running commentary that drowns out the speaker on the floor. †Mr M OZINSKY: Mr Speaker, with due respect, … †The SPEAKER: Is it a point of order? †Mr M OZINSKY: It is a point of order. The hon member was talking to me the other day and he could not hear what I was saying, and there was no running commentary. I am not surprised that he can’t hear when a member … [Inaudible.] †The SPEAKER: Thank you very much.[Interjections.]That is not a point of order. Please continue, hon Minister. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, do I have your assurance that this will be …[Inaudible.] †The SPEAKER: Yes, I will warn the members and, if necessary, we will ask members then to either leave the House if they continue with that. Could the hon Minister please continue? †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Thank you very much, Mr Speaker. The honNcedana speaks about access to money, and that is very critical. All businesses are complaining that the access to capital is very, very difficult. In actual fact, it is not just in South Africa; it’s across the world at the moment. It seems to be because of this major crisis that we have seen across the world banks that have really tightened. We need to find mechanisms that actually give more access to capital. He made a couple of comments. The one thing was about opportunities and specifically opportunities in, let’s say, very disadvantaged areas and very poor areas. Perhaps what we must do when we have a follow-up on this project is to see to it that I get an invitation for you to come along.

THURSDAY, 2 DECEMBER 2010 3097 I was in Khayelitsha the other day, attending a Provincial Treasury-run day that was organised for anybody to attend. It was run by Treasury, it had banks present and it had various other players in this. Primarily, the construction industry was present, but it was across the board and the workshop for that day was open to the public. It was really to teach people how to fill out tenders, because we need to empower people. Something that was raised a few times here is what the open opportunity society is about. It is about creating opportunities for people, but you have to give people the tools to take advantage of those opportunities. The Treasury ran a full-day workshop, taking people through the process of how to tender for some of the government spend. He is more than welcome to come along and see how some of those opportunities are being made accessible. He can come and see in the specific spaces that he is talking about what the department is doing and how they are making those opportunities accessible. He also spoke about a 50% unemployment rate in the province. Mr Speaker, we really need to encourage the members of the legislature to read this document, the Provincial Economic Review and Outlook. It is a very good document. The hon Brown referred to it, saying she was very pleased that this document is still available. his document is something that you need to look at. If I can draw your attention specifically to Chapter 4, Labour Market Dynamics in the Western Cape, it speaks exactly to what you were talking about. This breaks down exactly the labour market. It breaks it down, not only by race: African, coloured and white; by gender: male and female; by age group: 15 to 24, 25 to 34, 35 to 44, 45 to 54 and 55 to 64;and by education: no education, Grades 0 to 8, Grades 9 to 11, Grades 12, diploma certificate and degree. That is the depth that this document goes into.I would therefore really encourage you to read this document.[Interjections.] You also spoke about Red Door. I have already spoken about that. You spoke about jobs. It is actually about growth and jobs. That is really what it is all about. We have to make sure we grow, because if we do not grow we have no future, and specifically the people that you are concerned about have no future. We have to make sure that they are educated. We have to make sure that all of our people have wellness, are healthy, and once we have got those two we have got to make sure that all the rest of us do whatever we do with that taxpayer’s rand to maximise the growth in this province and the benefit of the taxpayers. The hon Madikizela spoke about roll-overs, Strategic Objective 6.It was quite interesting. I know that during the standing committee process there was a lot of noise specifically from the hon Ozinsky and the hon McKenzie about the ability to gazette … †Mr P C MCKENZIE: Do you call it noise or contribution? †The MINISTER: … after this adjustment, but nothing was raised today again about it. I was hoping you would, because I remember you saying that what is happening … Mr P C MCKENZIE: [Inaudible.] The SPEAKER: Order! The MINISTER: … is that you are actually going to now be punishing those poorer municipalities.

3098 THURSDAY, 2 DECEMBER 2010 That was the statement that was made, but it is about delivery at the end of the day. If a municipality is not able to deliver, it is not about major shifts but it is about shifting money to make sure we don’t roll over. †Mr M OZINSKY: Lack of planning is what it’s about. †The MINISTER: Lack of planning, whatever the hold-up is, but it is about an intervention to make sure that you spend every last cent that you can on delivering housing opportunities to the people that need it. †Mr M OZINSKY: Why does Krishny not agree with you? †The MINISTER: It’s quite interesting to see that at the same day that you were raising this, the Minister of Human Settlements, Tokyo Sexwale, was saying at national Parliament: “I am throwing down the gauntlet.”He told MPs that his department may need to transfer grants from under spending provinces to other provinces, doing exactly... [Interjections.] … the same thing. [Interjections.] The SPEAKER: Order! The MINISTER: If this province doesn’t spend its money then, it must be transferred away. We have to spend all of our money in the interests of the people.[Interjections.] Mr Speaker, I then move on the hon Skwatsha. I think he was speaking about democracy and then he was talking about the other provinces, primarily. To me, it does not seem that he understands the democratic process, that when a different political party wins this province it must actually be seen as healthy competition. We must not pull down that healthy competition. We must allow that competition to become better. †Mr M OZINSKY: So we mustn’t be an opposition? †The MINISTER: No, you should be a much better opposition than you are at the moment.[Interjections.] You spoke about John Block. I think you are correct, we should not actually be raising John Block.We should wait until the outcome of the court case. However, exactly the same thing applies to Masizole.[Interjections.] I agree with you, we should not raise issues – and I am saying it for both sides of the House –on people who have still got to be proven guilty. I am not going to talk about Kenny Leluma, because he has not been found guilty.[Interjections.] What I am going to talk about is Shiceka’s fixed men leave councils in the lurch. Let’s have a look at this and let’s talk again about Mr Seitisho who came to the House. [Interjections.] No, no, I said we are not going to talk about John Block. [Interjections.] †The SPEAKER: Order! Order! Hon Ozinsky, no running commentary. †The MINISTER: Let’s talk about Seitisho who actually admitted to taking the money in the House.[Interjections.]Let’s talk about him and the role that he is playing at the moment.

THURSDAY, 2 DECEMBER 2010 3099 He is appointed to this Minister’s department, where he is using these people in leaving the councils in the lurch. Let’s talk about him. Let’s talk about performance. That is shocking, and the ANC does absolutely nothing about it.[Interjections.] Then the hon Skwatsha sang us a song. I noticed that some of the officials came in after you sang. I am sorry that they missed it, but perhaps you should stick to your day job,hon Skwatsha.[Interjections.] The hon Wiley spoke about many things but specifically I noted down monitoring, evaluation and accountability.You spoke about management, really. [Interjections.] †The SPEAKER: Order,members!Order!You are not heckling; you are having a discussion across the floor.That is not permissible.Please continue,hon Minister. †The MINISTER: What the hon Wiley was speaking about was about management. In any of these areas where the management falls flat, then you will see what he was talking about happen. He spoke about in this province and it affects this province. There a number of military installations in this province and it is affecting this province. Those people working there are leaving because they cannot tolerate the environment they have got to work in. The other day I was at a restaurant in this city and the guy who was running the restaurant used to be a captain on one of our new corvettes. He has left a captaincy on a corvette to run a restaurant. He says, “I cannot take it anymore”. That is bad management and it is shocking.[Interjections.]There was member over here that was saying this is very boring. That is the attitude of the ANC.[Interjections.] Hon Ozinsky, you moved from slavery to opportunity, and you spoke about those opportunities or the lack of opportunities that are being created by this province.[Interjections.]If we do not deal with corruption like we are dealing with corruption, changing legislation and making sure that we have clean government,that is the first step if you want to give opportunity …[Interjections.] You have got to make sure you have clean government. We have got to make sure that education does what education does, and we have spoken about that. We have spoken about the effects of the unions on education. We have got to make sure that we sort that out, because if we do not sort out education we do not give our young children an opportunity of going forward in life. Those who have already got there but are not employed, why don’t you start getting the ANC to roll out the opportunity voucher system at a national level, like we have got the Work and Skills Programme running in this province? Get the national government to roll it out nationally. That would be giving opportunity to people. Strategic Objective 1 is the focus. I have spoken about your comment on big business. It’s about growth across all business sectors.[Interjections.]You spoke about unemployment as well. I have addressed the hon Brown on the same issue –the 2,8% growth and the loss of jobs in the first quarter and the second quarter. Because of our focus and because of the majority of our economy sitting in services and financial sector, those choices that were spoken of are a lower dip that will take us longer to climb out as opposed to a commodity-based economy.

3100 THURSDAY, 2 DECEMBER 2010 You also spoke about China and Brazil. [Interjections.] China and Brazil are models that you should go and actually have a look at. †Mr M OZINSKY: I’ve been to Brazil. †The MINISTER: Go and have a look at those models and see why those growth rates are exactly doing what they’re doing. [Interjections.] The hon Carlisle, I think you spoke about the weakness in the speeches from the Opposition the pathetic Opposition. You spoke about the unions, the Labour Relations Act, what we are seeing happening, the roll-out in KwaZulu-Natal and actually what the workforce at the moment are saying on the ground.[Interjections.] People want jobs. The unions are holding everybody to ransom at the moment. You also spoke about Safely Home. I think that is one of our government jobs that have been put on the line that is really starting to show effective delivery. It is happening on the ground. You will see more and more people thinking twice before taking a drink and getting on the road and driving. It is definitely making a big difference, even so much so that the national Minister, when I attended the Minmec on alcohol licensing, said that all the MECs should monitor what’s happening in the Western Cape very closely. He mentioned the Safely Home campaign and the naming and shaming. He said that if this starts to take effect, you in the other provinces must copy and run this out in your provinces as well. [Interjections.] With that, Mr Speaker, I thank each and every member for taking part in this debate … [Interjections.] †The SPEAKER: Order! Order, members! [Interjections.] Hon Minister Winde, you may continue. †The MINISTER: Mr Speaker, I thank each and every member for taking part in this debate and I look forward to moving over now to the actual budget Votes for each department. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 1 – Premier) †The PREMIER: Mr Speaker, I would like to thank the Director-General and all his colleagues in the Department of the Premier for their role in finalising our 2010/11 Budget Adjustments. A lot of hard work has gone into adapting this budget in line with new priorities and focus areas. I really appreciate all the hard work that has gone into ensuring that the policy direction of this government is backed by the necessary financial resources to achieve our aims. The 2010/11 Budget Adjustments add R78,2 million to the Department of the Premier’s budget Vote. Where did the additional revenue come from?

THURSDAY, 2 DECEMBER 2010 3101 We received R3,4 million from the national government to deal with higher than anticipated salary increases emanating from a recent nationally negotiated wage agreement. †Mr M OZINSKY: Thank you ANC Government! †The PREMIER: Roll-over funds of R2,1 million and retained revenue of R727000 were utilised for the Philippi Stadium upgrade as part of the 2010 Fifa World Cup activities. A total of R18,4 million was allocated from the provincial revenue fund to purchase Microsoft licenses. Corporatizing the Human Resources management and enterprise risk management functions resulted in net shifts of R26,8 million and R4,8 million, respectively, in favour of the Department of the Premier. A total of R29,5 million was shifted from Provincial Treasury for the internal audit function. A total of R8,2 million was shifted from the Department of the Premier to other departments. The bulk of the money shifted to the Department of the Premier is for shared services,R61,1 million in total for human resources, enterprise risk management and the internal audit function. The purpose of the shared service approach is to avoid duplication of services, achieve economies of scale and avoid contradictions currently apparent in the implementation of policies that should be coherently applied across government. This applies in particular to human resource practices. The shared services centre will ensure that HR policies are appropriately implemented but the decisions on appointments will be made in departments under the appropriate delegations and following due process.We are setting up a streamlined professional service centre that will assist every department in carrying out their functions of responsibilities. One of the major benefits of this approach is the money it freezes up for real service delivery on the ground, where it matters most. In the 2010-11 financial year, we will save R18 million as a result of shared services. In the 2011-12 financial year, the amount saved will more than double to R35 million. In the following financial year, R39 million will be saved. In the last financial year ofthis administration’s term of office, we will save R43 million. We calculate that over the next four years R135 million will have been saved as a result of the shared services approach, which will be to the benefit of frontline services. We are also pleased, Mr Speaker, that the upgrading of our IT infrastructure is well and truly underway. It is no secret that the previous administration chronically underinvested in IT. This is why we inherited a department with obsolete IT infrastructure, poor bandwidth capacity and outdated end-user equipment. There is a misconception that spending on IT is a luxury, but it is about ensuring that officials have all the latest gadgets and gismos. Again, this kind of criticism is levelled because it is politically expedient to do so, not because it is truthful. I should point out that the IT applications in use by the province extend well beyond office-based e-mail, spreadsheet and project management applications. They are used in hospitals, schools and other places where IT systems and support are critical for the quality and reliability of service delivery at the coalface. Lastly, Mr Speaker, it is worth noting a significant shift towards the Forensic Investigation Unit (FIU).

3102 THURSDAY, 2 DECEMBER 2010 Utilising money already budgeted within the department, we are boosting the capacity of the FIU by R6,1 million. Mr Speaker, as you know, tackling corruption is one of the key priorities of this government. We have seen how corruption is spread in other governments like a cancer and we know that corruption destroys the capacity of governments to deliver, and it makes poor people poorer. Projects are conceived not because they improve service delivery but because they provide an opportunity for officials and politicians to make money. For the ANC, it is not about power for power’s sake; it’s about power for money’s sake. That is why we introduced the Business Interests of Employees Bill last year. It is also why we are paying special attention to the FIU. In the last six months, the case backlog has been reduced from 37 to just 9. It is not just about the quantity of cases being investigated that has improved, the quality has improved too. In the past, FIU reports tended to be vague and inconclusive. Often the quality of information was too poor to take the case to the next level. Now most reports recommend either internal disciplinary action or further investigation by the SAPS. Mr Speaker, these are the most significant adjustments in our budget. They will take us one step closer to achieving what we set out to do when we assumed office just over a year and a half ago. An efficient government, a government committed to frontline service delivery, a government committed to rooting out corruption – this is the government we are becoming in practice, not only in theory. †Ms PW CUPIDO: Mr Speaker, the ACDP welcomes the increase of R621 000 to non-profit institutions and trust that it will build capacity and bring relief to this particular sector. I note with concern that the adjustments appropriation of Vote 1 is not really addressing enough service delivery issues but is more of an administrative nature. I trust that the Premier will redirect some of the Adjustments Budget and pay extra attention to combating drug abuse over the last four months of this financial year. We are now going into a school holiday and festive season where young people and learners will be extremely vulnerable and exposed to drug traders, and urge parents and others not to hesitate to report suspects to the police. The ACDP would, however, like to thank the Premier and her department for the year behind us and wish them well and a well-deserved rest during the festive season. The ACDP supports Vote 1. †Ms TN BEVU: Mr Speaker, we doubt if the Premier’s Department can proudly say that it has so far been fulfilling its aims, like increasing opportunities for growth and jobs and reducing and alleviating poverty. We say nothing of the gender and youth objectives. For instance, the Premier’s Department shifted an amount of R2,48 million from Sub programme 1.1: Programme Support to Subprogramme1.3: Executive Secretariat. We suspect this was to beef up the Premier’s office staff.

THURSDAY, 2 DECEMBER 2010 3103 What I don’t understand is why the Premier is prioritising her office at the expense of programmes, especially since we hardly hear anything about the programmes that were promised for her department. There is also Programme 3: Corporate Services Centre that gives us great concern for the way it is structured makes it almost impossible to quantify its work. Secondly, we see that an amount of R4,348 million was spent as performance bonuses for overtime and all for staff. How big is the personnel in this programme? When we look at how many programmes’ objectives were not achieved while in the meantime the consultancy bill of goods and services get higher, we wondered if this trend concerns the Premier and her department, as it does concern the rest of us. There seems also to be abnormally high discrepancies between salary estimates and the actual amounts paid, and we could not ascertain what is causing this. Is it a lack of understanding of the going rate of salaries in the Premier’s Department? We find it to bepreposterous that the Premier’s Department would actually concede to the situation where it has to pay about R18,4 million for Microsoft licenses. For crying out loud, Open Source is freely available to all, especially government departments, and it is just as effective as Microsoft. Why do you think national government departments decided to take this route? This is highly unacceptable. Thina ke sifuna ukuthi ke sinengxaki ngeli sebelyeNkulumbuso kuba izinto ezininzi zisusiwe phaya.Imali akhange siyibone isetyenziswa kwakwikota yokugqibela, kodwa ngoku siyabona into yokubangaba iyasuswa ifakwa ngapha nangapha. Awude ubone into yokuba kanye kanye kwenzeka ntoni kweli sebe.Ingakumbi ke njengoko besenditshilo ndathi kulutsha nesini, hayi asikwazi ukuthetha nto, kuba asiyazi ukuba kwenzeka ntoni sisengxakini.Naxa ibiyinto ibithethelwa phezulu yiNkulumbuso kungathi ikhona into ezizakuqhubeka, kodwa ke asikaboniswa nto.Kodwa ke kunjalo ke siyatsho sithi ke siyayixhasa kodwa ke hayi asivumelani kakuhle nayo, kuba asiyiqondi into eyenzeka kwela sebe.Iseyingxaki thina esiyibonayo kakhulu leyo. [Translation of isiXhosa paragraphs follows.] [We would like to say that we have a problem with the Department of the Premier because so many things are removed there. We have not seen any money been spent even during the last quarter, but now we see that it is moved to here and there. One cannot see what is really happening in this department. As I have already said with regard to youth and gender, there is nothing we can say because we do not know what is happeningand this is really a problem.Although the Premier was boasting that things are going to happen, so far we see nothing. Even though things are like that we would like to say that we support her although we also not agree with her, as we do not know what is happening in that department. That is what we see as a big problem.] †Ms V HANI: Mr Speaker, the Department of the Premier is topped up with a huge chunk of a R78 million increment. Almost R70 million was pinched off from every department to add more money for the Premier’s Department.

3104 THURSDAY, 2 DECEMBER 2010 In many years, this is the biggest budget hike this department saw and it is a clear indication that something wrong is happening there. It is the first time under this Premier that the budget of this department is so much bigger. It is clear that the department is overloaded with functions and staff from other departments and that centralisation is taking place. It creates the impression that other departments are undermined. They can no longer have this service in their line of delivery close to where the action is. Now they will have to first go and see what the big brother wants, or is it what the Premier is comfortable with? We heard many words, mostly modernisation. This is just a euphemism for restructuring political alignment and central control. It is to control corporate competitions and it is to admit power by taking over all tasks of internal audit, human resource management and enterprise risk management. It is over centralisation. It creates the impression that critical tasks are put in one boat and that the Department of the Premier is gearing up to become top-heavy. It is just a power grip. What is worrying is that this is a trend that started in Cape Town, where all and sundry had to be under the control of one person. When that person moved here the same started even without proper planning or investigation. We had many claims of savings in this department. What savings? Modernisation so far could not be costed. We asked for a cost but a total cost could not be given. It was not properly budgeted for. It was done on a whim. If savings are to be effected, please give us the total amount and cost of this movement – hiring and firing. We ask for a total breakdown of expense. If it was a saving, why not play open cards and show it? We have still to see any real figure on this. Clearly, there was no planning. Many positions are not filled, as is the case in the forensic unit. Consultants were hired at great costs, yet the service is not rendered as it should be. Where are the figures of people who are deemed in excess? What happens in this instance? Promises of them not left redundant or fired do not go a long way. Give a full list of all people affected in order for this Parliament to scrutinise the same as part of its oversight function. May I remind the hon Premier that in law she is accountable to this Parliament first and foremost? I also wish to raise a very sensitive issue. It is the awareness of social ills through commemorations. Ordinary people attach a lot of value to commemorations. Yet, this government sends out a different message by saying that commemorations are not important to you. You are saying that the people and these issues are not important to you. What did we see in practice? Women programmes were cut and there are less youth programmes. There are actually no commemorations of National Youth or Woman’s Days. It is clear that this DA-led regime hates parties. She doesn’t want to join the ANC in celebrating these days. You do not want to party with ordinary people, unless it is on your narrow terms. Yet, no real alternatives are put on the table to engage in public participation. It hates to be seen to join in with the ANC. Money is given away instead. I repeat: It looks like this government does not care.

THURSDAY, 2 DECEMBER 2010 3105 When the provincial government sends a signal that these commemorations are not important, it says that people are not important. In general, this department and it political head seem to lack service delivery and direction. The hon Premier hovers all over the show but does not seem to be following a special line or direction. When can we see long-term goals and real direction instead of knee-jerk reactions? We can only hold our breaths to see if this department will fare any better with more money. The ANC does not support this Vote. *Ms C LABUSCHAGNE: Mr Speaker, as several speakers have already stated, the Department of the Premier received an increased amount of R78,2 million in available funds during the adjustments appropriation. The biggest adjustments were found in Programme 3 and 4 respectively. Programme 3: Corporative Service Centre gets 86,15% of the budget and the Centre for E-Innovations gets 34%. Thus, the biggest portion of the adjustments appropriation was rewarded to the Corporative Service Centre, which is one of the corollaries of the process of modernising to assure service delivery to the public. The Corporative Service Centre is based on a concept of shared services. This is not a centralisation of power, but it rather focuses on productivity, which at the moment is something the ANC finds difficult to understand, and to avoid the duplication of services. The centre guarantees uniformity, especially in the Department of Human Resource Management, for example, by standardising the conditions of service and the processes of effective recruitment. They also administer performance management and guarantees equality in all departments. One example is the different payment structures that existed among the various departments for job levels 3, 4 and 5. This process of equalisation of salaries in the various departments was done at a cost of about R35 million.In the past a person who did the same job in one department received a different salary from a person who did a similar job in another department because the Minister decided on the salary. The Corporate Service Centre also houses the Enterprise Risk Management Plan that includes both internal audit and forensic functions under one directorate. According to the annual reports these functions did not operate to their full potential in the past. The amount of about R6 million in total adjustments to this section will improve effective corporate management and will guarantee that any irregularities on the highest level could be dealt with. The annual report also showed shortcomings in the section on information technology. The Centre for E-Innovation received an agreement to the amount of R176 million from the Medium Term Expenditure Framework. This decision and the budget are welcomed. Information technology in the province was neglected much too long. This is a vital service that simplifies and improves service delivery by the effective use and availability of information and communication technology. In the Centre for E-Innovation the current focus is on the Microsoft-migration and e-filing. The Microsoft-migration is currently a pilot study already in progress and will be finalised in February 2011. However, savings is already apparent, for example the licences of about 15 000 consumers, which, although the cost amounted to R18 million, resulted in a savings of R35 million.

3106 THURSDAY, 2 DECEMBER 2010 The e-filing is in the initial stages and concentrates on the Cabinet function and the human resources environment at the Corporative Centre. The purpose of e-filing is to protect information, but also to make the same information easily accessible. Savings in departments on e-filing could in future also be used within the specific department. Although the memorandums for co-operation among the E-Innovation Centre and the various departments are currently behind schedule, and the signing thereof is not completed yet, on the 24th of November – last week– the standing committee assured us that this process will be fully completed in the next budget cycle. Mr Speaker, the information and communication technology of the Western Cape are currently focused on being modern and effective. Information communication security, and especially risk and crisis prevention in terms of information, has been improved and is running to a satisfactory standard. One example of this improvement is the decrease in virus threats that decreased from 30 000 to 10 000.Should a problem surface in a system, the head of a department can now be informed within five minutes, where in the past it sometimes took three to five days to identify and solve the problem. At the moment the broad band technology allows more than 60% of the Western Cape Provincial Government to access this service. Finally, Mr Speaker, the province’s implementing of e-mobility is seen and accepted as a “best practice”and will soon be implemented on a national level. This is a big feather in that department’s cap. We as standing committee, and from this side, I want to congratulate them. Mr Speaker, I support the Adjustments Appropriation budget and I want to thank the Premier and the officials in her department for their on-going hard work during the year to assure that funds are used effectively and efficiently to advance service delivery in the Western Cape. *The PREMIER: Mr Speaker, I would like to start by thanking my colleague, hon Labuschagne who, as chairperson of the standing committee, not only rendered an excellent service, but also confronted me and kept me accountable when necessary. I just want to thank her. She also answered many of the questions that were raised. †Mr Speaker, I really want to say that it very sad that we can’t have a proper debate in the House, because when a speaker has spoken, it is not as if the speakers that follow take the points and debate them. Everybody picks up their pre-prepared speeches and I must have well have been here saying rhubarb, rhubarb, rhubarb, because what I said made absolutely no difference. People read their prepared speeches, in some cases possibly prepared by someone else, and there was absolutely no meaningful interaction about the content of what I have said. Sometimes the inputs completely miss the mark because they did not engage and made assumptions that were completely wrong, which they would have realised were completely if they had listened to what I had said. I’d like to thank the hon Labuschagne for putting those issues right. First of all, I would like to address the hon Cupido. I would like to thank her for her warm and good wishes and say that they are greatly appreciated.

THURSDAY, 2 DECEMBER 2010 3107 However, she completely misses the point when she says that this budget does not deal with service delivery issues but with administration, as if that is a bad thing. You cannot have service delivery unless you have good administration –efficient administration, consistent administration and effective and efficient administration. That is what we are trying to achieve through the Corporate Services Centre, to deal with the inchoate chaos that the ANC left behind them and put together proper administration so that we can get on with service delivery. Not only that, we are saving a lot of money through this mechanism which we are freeing up for service delivery. That was the nub of my speech – R135 million over our term of office. It is quite bizarre that no one engages that part of the debate, only saying that we are spending money on administration and not on service delivery. Clearly, people don’t listen to what you say, which makes a mockery of the debate. The hon Cupido specifically mentioned that there should have been more money for antidrug abuse strategies. The entire point of having a coordinator in theOffice of the Premier is that the money is actually located primarily in the service delivery department and coordinated in the Office of the Premier so that everything serves a coordinated end objective and all the strategies reinforce each other rather than the absolute chaos and huge spending on advertising and other pointless exercises under the ANC, which did nothing to impact the drug crisis in this province. That is exactly what we have to change. The hon Bevu obviously did not listen to what I said either, because she says that we are prioritising the office over programmes and prioritising administration, corporate services over services delivery. As I said, again we are feeing up a lot of money for service delivery, but I specifically want to address the issue of the Microsoft licenses and the R18,4 million budgeted for the Microsoft licenses. In the House, over and over again, in questions and in debates, we have explained why Open Source is not appropriate for huge administrations. It is unreliable and it does not provide the backup service. We cannot have an unreliable platform for an administration as large as this one, where service delivery will collapse if we do not have a reliable system to underpin it. That is what we have explained again and again. The hon Bevu also suggested that nothing was happening in the area of gender and youth. She must be the only person in this province who has missed our 16 Days campaign for people to pay maintenance. If their estates owe maintenance, theire states owe maintenance. It does not exempt people from paying what they owe if they can’t be there for their children. Would the hon Bevu prefer R130 million to be spent on an anti-imperialist conference, which is the ANC’s way of so-called celebrating the youth? That is a total waste of money. We spend money on things that matter and on things that make a real difference to women and children in this province. The hon Hani suggests, if I heard her correctly, that R70 million was pinched. I don’t know where money was pinched from, quite frankly. There is nothing wrong with the Corporate Services Centre. It is not centralisation. It is to get proper systems in place which were absolutely absent under the ANC and to get rid of all the contradictions that prevailed under the previous administration. For example, I have explained to the House that we inherited such a mess with the employment of clerks in Grades 3 to 5.

3108 THURSDAY, 2 DECEMBER 2010 They were all on different arbitrary random levels, but simply to standardise that has cost this province R35 million. This is the kind of mess that we had to fix up. The mess in IT I don’t have to go into again but, as I have repeatedly said – and it is something that I still can’t believe to this day – the first document that I have got as Premier in this province was accompanied by a stiffy disk. They were still working on stiffy disks. It is the equivalent of the horse-drawn carriage compared to the motorcar. That is what they were still working on in this province when the ANC was here. The mess in the Forensic Investigation Unit with the backlog and the cases that could never be taken anywhere because of shoddy investigation has all been fixed up, and the backlog reduced from 37 to 9. That is a major improvement. The mess of cadre employment, which has destroyed service delivery across this country and in every other province, fortunately had not gone too far in this province, but getting fit for purpose principles and processes in place is what the Shared Corporate Centre will do. There is some bizarre reference to hiring and firing. We follow due process of the law, quite frankly, and that is what we will continue to do. Mr Speaker, commemorations are very important to this party and this government, but we do it in an appropriate way – not, as I said, parties for ANC cronies or putting money into drink, food and transport for the same regular invitation list to have a jol, and not the kind of thing that we are seeing out near Camps Bay with this huge dome costing millions for a party for people who have to focus on social services. [Interjections.]Have you ever heard of anything like that ever? Millions! We have a Cape Town International Convention Centre with venues big enough to cater for any party, but we have to put a huge dome on the rocks to make some kind of point that no one understands to spend millions on having a party for people who are here for a conference to discuss social grants. Have you ever heard such a contradiction in terms? This is what the ANC means when they talk about commemoration. They speak about flagrantly wasting people’s money to have a party, to have a jol and to try and look important to each other and to the dictators of the world, like Muhammad Gaddafi and other people like that. That is what they mean and that is why they host these anti-imperialist conferences and ask this province for R5 million to do so.I wrote a polite letter, saying take a long walk on short plank, or words to that effect.[Laughter.] Instead of spending a lot of money on these kinds of wasteful expenditures, we spend money on bursaries. We spend money on a maintenance campaign to get money back for people whom the ANC has ignored for years. How is it possible that for 15 years a woman did not get her maintenance money that was sitting in an account? This government got that list less than 10 days ago and we found that lady within three days. This is what the ANC does. It ignores the people waiting for their money on waiting-lists for years and years because it is too busy having parties and commemorations and too busy spending the people’s money on themselves. That is the tragedy, and hon Labuschagne really summed it up in far better ways than I could, exactly what the intention is and exactly why we are spending the money the way that we are.

THURSDAY, 2 DECEMBER 2010 3109 I would like to thank everybody involved in so massively increasing the efficiency of this government and achieving for the first time in the democratic South Africa a clean sweep of clean audits because it is due to this kind of efficiency improvement. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 6 – Health) †The MINISTER OF HEALTH: Mr Speaker, the 2010 Adjustments Budget adds an additionalR445 520 000 million to the Western Cape Health budget, bringing the total allocated to health services in the province for the 2010-11 financial year to R12,408 billion. The additional funding reflected in this budget has been allocated largely to the district health services, with smaller but nevertheless significant amounts going to provincial hospital services, central hospital services and to health infrastructure within health facilities management. While the total additions to the budget amounts to R445 million, over 62% is allocated to increased personnel costs, made up of R116 million for the improvement of the conditions of service of the salary adjustments as agreed in terms of the collective agreement that followed the protracted public sector wage negotiations and the accompanying public service strike and R143 million for the additional cost of the Occupation Specific Dispensation for various categories of health professionals. In summary, the same number of staff will in future cost the department an additional R279 million for the current financial year. An amount of R96 million has been added to Sub programme 2.10, that is the Global Fund, of which R86 million relates to additional funding received as the first tranche in funding in terms of a rolling-continuation hannel of funding granted to the Western Cape for a further six years, with an additional R10 million from interest and refunds received. An additional amount R1 million has been added to the allocation in Sub programme 2.6 to meet greater than expected demand for male circumcision. An amount of R2 million has been shifted from Vote 1 for the provision of emergency medical services during theFifa 2010 World Cup events in Cape Town. Roll-over finding amounting to R93 million relating largely to delays related to infrastructure projects in the previous financial year is added to the budget for the current financial year. These funds are made up of R7,4 million due to delayed construction of forensic mortuaries as a result of an insolvent contractor; R42 million rolled over to match construction costs of the Khayelitsha and Mitchells Plain hospitals; and, finally, delays with the planning related to the KwaNokuthula and Wesbank CDCs in Plettenberg Bay and Malmesbury respectively, as well as delays related to the construction of ambulance stations in Leeu-Gamka, Vredendal and Ceres. The small remaining balance relates to shifts of funds between programmes within the Vote and between Votes. The department is grateful for the additional funds received from the Global Fund to augment the Aids programme in the Western Cape.

3110 THURSDAY, 2 DECEMBER 2010 This confirms the high rating of the department by the Global Fund and is mirrored by the performance in previous years and the current year with a mother-to-child transmission rate at an all-time low of 3,1%, which is the lowest in the country, and the number of patients receiving antiretroviral treatment currently at 81 412,with a very high retention rate once on the therapy. The department is in receipt of a conditional grant for HIV/Aids, which together with the Global Fund provides adequately for services and activities related to HIV/Aids. However, it is noteworthy that other than the Global Fund donor funding, the department received negligible additional funding for health services despite the increase in patient load that continues to escalate. Nevertheless, faced with an ongoing increase in patient numbers during the current financial year as a projected primary health care head count of 15,8 million which is a 21% increase over the last four years, the 623 000 patients seen at emergency units which is an increase of over 10% and patients transported by the emergency services which increased by 14% over the last year, the department has continued to make progress with respect to the cure of patients with tuberculosis, with a cure rate of 81%, exceeding 80% for the first time. I need to give notice that in addition to the obvious funding implications of growth in health service needs and expectations from communities of increased health service delivery, which are not necessarily matched by available budgets, there are significant threats to the maintenance of current funding levels resulting from developments relating to the funding formula for provinces related to health. Whilst this matter has not been finalised, I am concerned that preliminary indications are that the new equitable share formula for provinces could negatively affect the Western Cape Department of Health due to the division of funding for the Occupation Specific Dispensation according to the equitable allocation to the Western Cape of around 9% rather than the actual number of health professionals, such as medical doctors, especially specialists whose number in the province far exceeds 9% of the national total. The consequence of this could be a significant reduction to the provincial health budget. I need to stress that the proposed change in the budget formula could similarly affect Gauteng and KwaZulu-Natal, although possibly not to the same degree as the Western Cape. I am aware that this matter is the subject of national consultation between the Provincial and National Treasuries and trust that an agreement will be reached which will protect the Western Cape health budget and injustice reductions in the name of equity which, in my view, make no sense given the significant influx of patients into the Western Cape from other provinces and especially from the Eastern Cape. I would also give notice that the Western Cape will strenuously oppose this change by whatever means available and open to us. Further to this, the department is in receipt of major conditional grants for the provision of highly specialised services, that is, the National Tertiary Services Grant (NTSG), and the additional cost of training health professionals on the service platform, that is, the Health Professions Training and Development Grant (HPTDG), which in both cases have been underfunded for, in the first instance, the provision of these services and, secondly, the number of health professionals trained in the Western Cape. In addition, neither of these grants was adjusted to take into account the increase in costs related to the implementation of the OSD for health professionals, although allowance for additional costs was made within the equitable funding exacerbating the equitable formula challenge going forward, as outlined earlier.

THURSDAY, 2 DECEMBER 2010 3111 As I stated in my budget speech earlier this year, the shortfall in the case of the NTSG amounts to R811 million, while that for the HPTDG is of the order of R468 million. It can be seen that funding pressures experienced by my department are to a significant degree due to the underfunding of these two grants to the extent of almost R1,3 billion. The Western Cape department has repeatedly motivated for the correction of the funding deficits of these grants but to no avail and, again, in this AdjustmentsBudget, this matter has not been addressed. Whilst everything is and will be done to promote efficiency and cost-effectiveness in the department, in my view, the initiatives to augment the revenue streams of the department from within and outside government for the department become even more urgent and critical. I have initiated the process to evaluate possible options in this regard and hope to be able to report more concretely on progress in the health budget speech next year. In line with the department’s strategic objective of increasing wellness, which includes, on the one hand, the upstream factors causing the burden of disease and, on the other hand, the improvement of health care services,the department has a key focus on enhancing the patient experience. In improving health services, our aim is to focus on high quality health care. To ensure the maintenance of these quality services, I will soon be announcing the members of the Independent Complaints Commission which will, independently and without favour, investigate all complaints that cannot be satisfactory dissolved by the department or the Ministry. In closing, Mr Deputy Speaker, in the past year, the Western Cape Department of Health earned many accolades in the media and in the elsewhere for our strict budget management. The congratulatory votes must go to each and every individual, and specifically to the Head of Department, Prof Househam, for his exemplary support in this regard, but also to the excellent management team who supports the HOD and this department and also to each and every committed and dedicated member of our 28 000 staff component. Mr Deputy Speaker, let me also take this opportunity to thank the standing committee, and specifically the chairperson, hon Anroux Marais, for her dedication and the work done through that committee. My thanks and gratitude also go to the colleagues in Cabinet and caucus. †Ms PW CUPIDO: Mr Deputy Speaker, the ACDP welcomes the R445,5 million adjustments appropriation to the Health budget. I trust that the R90 million increase to provincial hospital services, the R189 million to district hospitals and the R76 million to health facilities management will increase general conditions at all hospitals and other health care facilities in this province. All of us can agree with each other that conditions of buildings, facilities and services at our provincial hospitals and clinics have drastically deteriorated over many years. *Mr Deputy Speaker, just last week I visited Stellenbosch Provincial Hospital and heard patients in the male section complaining about the rat infestation in the building. Many of our old government buildings’ infrastructure has to be serviced more often, especially where health services are concerned. It was shocking to see rats running around in the parking area of the hospital at dusk.

3112 THURSDAY, 2 DECEMBER 2010 Nonetheless, the ACDP supports this Adjustments Appropriation budget and wants to thank the Minister and his department for their hard work during the past year and wishes them a time of well-earned rest. *Ms A J VAN ZYL: Mr Deputy Speaker, to spend too little is just as bad as spending too much. It is shocking that almost R92,6 million of the budget will be carried forward, and this for projects of the utmost importance. In Worcester, Paarl and Malmesbury contractors became insolvent. This raises suspicion about, in the first place, the awarding of tenders and the quality ratings of their services, if any were done, and in the second place, the supervising role of the standing committee. An amount of R42,5 million is carried forward because of delays in the planning process, mainly as a result of a capacity deficiency in the Departments of Health, Public Services and Transport. And how is it possible that R1 million is transferred to the Office of the Premier because of lack of staff funding? †We welcome the increase for the improvement of conditions of service but still think that the R83,7 million is not nearly enough and should not be spent on salaries only. It is not clear to me how thedisimbursements of about R86,3 million received from the Global Fund was spent, if at all, because I keep seeing savings from the reprioritisation on HIV/Aids prevention, treatment and care programmes. *Mr Deputy Speaker, the R1,5 million is much appreciated, but is still not enough for the transport of patients from rural areas to hospitals and clinics in the metropolis. The R4,5 million that is transferred to the Provincial Treasury raises a lot of questions. We would also like to use this opportunity to thank each and every health care worker in this province who works under difficult circumstances, is loyal to their calling and who nurses the patients with so much care. Cope also trusts that with the Supplementary Budget of R445,5 million the tragic events regarding the medical care of the four year old girl who was raped in Atlantis will never happen again and that every hospital and clinic will be supplied with the necessary equipment and medicine to be of service to the people of this province. Cope supports the Supplementary Budget. *Ms J WITBOOI: Mr Deputy Speaker, the key function of the Department of Health is to deliver a comprehensive service to the people of the Western Cape. The 3,8 million people who do not have any medical insurance automatically become the responsibility of this department. Additional funding will always be needed to serve the growing population. As long as the funds are spent, and spent correctly, there’ll be no problem. Hon MEC Winde said in a previous debate that we should just remember that National Treasury appropriate taxpayers’ money for the provinces. Nobody disputes that, but I would think that when taxpayers’ money is not spent appropriately, the MEC would agree with us that we cannot just accept it.

THURSDAY, 2 DECEMBER 2010 3113 Roll-over funds in the department is unacceptable. Where roll-over funds to the amount of R92 million is concerned, we will have to give taxpayers a better excuse than the one on page 105 in this book, and I quote: ... has been rolled over ... due to delays in the planning process, largely as a

result of lack of capacity in both Health and Public Works and Transport Departments.

Mr Deputy Speaker, a conditional grant is exactly what it says. It is money made available for a specific purpose. If the money is not used because we use the clichéd apology “due to lack of capacity, we could not this, that or the other”, this House should tell the MECs for Health, Transport and Public Services that it is time to get their act together. Not only is it in bad taste that the two departments blame each other,the standing committee tried in vain to get the departments to support each other in order to benefit the people of this province who, when they are sick, only want a hospital, hospital bed or clinic where they can go to and get help. When the contractors aren’t bankrupt, they don’t have the capacity to do the work. These are the kind of excuses that compels me to ask the MECs in this House: “May this year be the last?” [Interjections.] The MEC for Health and his other colleagues – this one who is talking so much, hon member Carlisle –often stood up in this House and bragged about how the national Ministers praised them for the efficient ways in which they managed their departments. It would be interesting to see the reaction of the hon MEC when the National Treasury decides not to make any more funds available because conditional grants are not spent. There will be a big hoo-ha and the national government will be blamed, while they know they themselves are to blame. Mr Deputy Speaker, the Auditor-General should have come to a negative conclusion about this department, actually an indemnity, if the amount of R207 million is not corrected with another R61 million. This should have been declared. Thus, the department was given a second chance to rectify its shoddy work. Then we refer to unauthorised expenditures of R7,5 million, we refer to illegal expenditures of R33,2 million and the previously mentioned amount of R92 million that was not spent. Today I stand here to tell the Minister and the department that we know the big challenges that this department faces. Only last week we received a presentation from someone who explained to us the dangers that occur when doctors and patients do not understand each other. This is even more dangerous where psychiatric hospitals are concerned. I do hope that the Health Professional Training Grant will be used to train staff to understand the patients and vice versa. Mr Deputy Speaker, I am not going to talk again about the shocking events that happened this week. I spoke my mind about that. I just want to say that we often hear about the bad treatment patients receive from medical staff. In the coming year we will have to follow up on these kind of accusations, because people do not complain about nothing. We believe that, by giving conditional grants, National Treasury wants to see that the best care is given to the poorest of the poor in this province.

3114 THURSDAY, 2 DECEMBER 2010 *Ms AJ DU TOIT MARAIS: Mr Deputy Speaker, the Western Cape has a total population of 5,28 million people of whom two thirds live in the Cape Metropolis. Of this 5,28 million people, 1,77 million are children under the age of 18 years and 73% of the population of the Western Cape, already mentioned by hon Witbooi, is 3,8 million people. They are dependent on the Department of Health for health services. Despite these numbers of dependents, the relatively high life-expectancy levels are a good indicative of the health care situation in the province. The Western Cape has the highest life-expectancy rates at birth for both men and women in the country. All of us can reach 59,3 years. However, being the best against the standards of others does not mean that the work is done. When it comes to health, one should always strive towards effective excellence to reach the most people, because this can make a life or death difference to the people in our province. That is why the adjustments process of the budget is important to assure that the financial resources are applied effectively to make a real difference. Mr Deputy Speaker, the economic burden that diseases like HIV/Aids, tuberculosis, as well as injuries caused by violence and road accidents in our province, are exacerbated by the abuse of substances, in other words alcohol and drugs, unemployment and poverty. The Department of Health adopted a holistic approach. The strategic plan to improve the overall health of people and to not only diagnose diseases, but also play a role in prognosis and prevention, place the focus on the patient. This outcome-based approach will guarantee a decline in the number of deaths of mother and child, as well as the decline in the number of HIV/Aids cases. On a macro level it addresses millennium development objectives, while on micro levels it will result in another 30 000 people, a total of 90 000 people, receiving antiretroviral treatment in the 2011-12 period. Further, it is encouraging to see that the request for health services, facilities and service delivery are not being left out and that the necessary investment, for example medical emergency services and reaction time, is getting the attention it should. Mr Deputy Speaker, to mention specific issues, a savings of R1,5 million made the employment of 33 additional emergency medical service staff possible. A further R1,5 million was made available to transport rural patients to hospitals and clinics in the metropolis. The effort of making funds available for the CCB, doctors and other professional officials should also be commended. This will guarantee that the appropriate health care workers are recruited, appointed and kept in the public sector. The availability of R1 million will also make a difference to the funds that are set aside for HIV/Aids. Mr Deputy Speaker, we support the adjustments of this budget and in conclusion we want to thank hon Minister Botha, Prof Househam and the officials of the Department of Health for their on-going hard work during the year, as well as preparing and compiling the documents. *The MINISTER OF HEALTH: Mr Deputy Speaker, I thank all the members who participated and especially for supporting the budget.

THURSDAY, 2 DECEMBER 2010 3115 Hon Pauline Cupido specifically mentioned the maintenance programme and the issue of her visit to the Stellenbosch Hospital. It is a fact that maintenance is an enormous problem and each time the department is under pressure of budgets, and some things just have to be done, and one does not want to cut service delivery like decreasing the number of beds and services, unfortunately these are the kind of programmes that are hampered. Thank you so much for bringing it under our attention. Rest assured that for the first time in years we are working on a feasible solution for the maintenance of our buildings. It is very important to keep on doing maintenance. These are very expensive facilities, and when maintenance is neglected for too long, it becomes very expensive to repair. Rats and other pests are always with us and will be with us for a very long time to come. One should make an inquiry into what exactly happened there, but we spend a lot of money on disinfectants, poison, the handling of rodents and other undesirable elements in our hospitals. Every now and then we get an outbreak and it is not always limited to the premises where one sees them. The environment is also important. We’ll discuss the problem with the municipality and every one in that neighbourhood. It’s a shame that the issue received such prominent press coverage. This is a creepy issue and something none of us like. Hon member Van Zyl, thank you for your contribution. You specifically referred to the lack of spending and stated that a lack of spending is just as bad as overspending. This always reminds me of the retail trade where one should be more worried about money left in the till than about money missing from the till, because that means something big might be amiss. Lack of spending is an accusation against a government, something that one should not have and that one should definitely not do. Lack of spending is not always as simple as not spending the money. Many factors are usually present and other factors may influence the situation which makes the numbers or balance sheet reflect a lack of spending while in the meantime many other factors were present too. We had many remarks from yourself and hon member Witbooi on this subject. You know that we are dealing with tenders that were awarded during the previous term and at the moment we are handling evaluations of planning that was done previously. Do you now believe me, Mr Deputy Speaker, when I tell you that we are actually doing wonders with the mess we inherited? I can tell you about facilities in this province, hon Uys, that should have been built at a cost of R7 million, but in the end it amounted to R27 million. They say the passages are so crooked you need a GPS to move from one side to the other and that the contractors are bankrupt. I can tell you stories. To be honest, I am too ashamed to tell them. I cannot believe we live in a modern era where these things happen. Keeping this in mind, what actually happened here and what we did, I tell you, miracles happened. Take it from me when I tell you that we have cadre staff in both departments who are extremely skilled and can do the work, but there are also staff members who are a problem. *The MINISTER OF TRANSPORT AND PUBLIC WORKS: And Ministers who are a problem.

3116 THURSDAY, 2 DECEMBER 2010 *The MINISTER OF HEALTH: We don’t even talk about the Ministers. [Interjections.] *The PREMIER: Nor about Marius who is also a problem to you. *The MINISTER: Yes. Unfortunately we have one problem in common, you and me, hon member. [Interjections.] The only difference is that we got rid of our problem, Fransman. He still has to accomplish it. [Laughter.] [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: That is my story about the rodents. We can talk again about rodents, but I am not going to keep myself busy with that now. Hon member, I hope you get the same successful outcome we did. Thank heavens he cannot further destroy this government. There are colleagues sitting here, hon member Uys, who allowed him to destroy it, who did not have the political will to stand up, because you are divided into so many factions and power groups that everyone just sits in his own corner. The remark about our departments not working together very well – I can’t remember who made it; I think it was hon member Joyce Witbooi ... [Interjections.] She said it. You weren’t here, man. [Interjections.] This whole government functions as one wonderful unit. This is one of the most wonderful experiences I have. I can’t always tell my colleagues in Parliament to keep quiet, but I want to assure you outside of Parliament we work ... [Interjections.] ... The DEPUTY SPEAKER: Order! The MINISTER: ... together well, because we saw the writing still on the wall about the ANC destroying itself in its faction. Mr M OZINSKY: [Inaudible.] The MINISTER: You are really clever considering you weren’t even here. Mr Deputy Speaker, again a remark was made concerning the little girl from Atlantis. I’m confused how this applicable in an adjustments appropriation, but there it is. I want to repeat – and I can see there is still some speculation about this –that I’ll be the first to speak up when the department is doing something wrong. I prefer to simply go with the truth, because things are settled quickest when you speak the truth. The department has done nothing wrong regarding that little girl. At Wesfleur she was treated correctly according to protocol and at the Red Cross she was received and treated according to protocol. I cannot explain the times in between and these are also not the Department of Health’s responsibility ... Mr M OZINSKY: [Inaudible.] The MINISTER: Mr Deputy Speaker, let me settle this issue. When a client calls me, whether directly or indirectly, my first reaction would be to act on it and then to gather the facts, because this is about someone’s life. Should hon member Skwatsha calls me about an accident and tells me he needs an ambulance, I don’t ask him: Tell me, how old is the guy? Is his leg broken? Can he talk to you? I don’t care about those things.

THURSDAY, 2 DECEMBER 2010 3117 The man calls about an emergency, I send an ambulance and I try to organise something to make it happen. Then we can evaluate the other things. When the little girl’s case was reported to me, I acted immediately, as in all other cases, and made a call. You know, my call wasn’t needed, but that doesn’t matter. I would rather make 10 unnecessary calls, but why is it important whether I made a call or not?This is not important. The services were rendered correctly, and this department encounters a lot of opposition and many people in this department encounter a lot of opposition. When people do their work and they are accused, I will fight for them till the end. I won’t allow any person to accuse staff falsely when they did their work and did it correctly. All the detail, even the smallest handwriting and sketches regarding that whole event was covered and I saw to it myself. When the department makes a mistake, we will admit to it and we will explain what we are going to do to make amends. I am not going to allow the ANC to misuse the case of a little girl who was sexually abused as cheap, shallow politics. [Interjections.] This may happen in another province, but it’s not going to happen here. [Interjections.] The DEPUTY SPEAKER: Order! Order! The MINISTER: Mr Deputy Speaker, the conditional grants should be used for their intended purposes. This is a remark from hon member Witbooi. Thank you. Your words were written in golden letters. They are used for the intended purposes, but they cannot be used to understand patients. These are professional grants intended for professional services and professional training. To understand patients has nothing to do with this. You are referring to the issue of interpreters and the other problem. This is not applicable here, but believe me; we are working on that too. I undertook to do something about that, but I would like to hear from the representatives of the Opposition, whose parties are governing the rest of the country, if they will support us in our arguments and deliberations with the national government regarding the deficits on these grants. We are talking about R1,3 billion the government of the Western Cape needs but do not get from this budget, and which the provincial government subsidises using other parts of the budget. [Interjections.]These things are not that simple, you should now that by now, but this party will have to support us, please. Try to help us and see if you can help the province to get the correct amount of money. [Interjections.] Let’s talk about the National Treasury. [Interjections.] The National Treasury and the national department ... [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: This is interesting, Mr Deputy Speaker. I was about three quarters of an hour late today because I was on the phone for three quarters of an hour with my national Minister, Aaron Motsoaledi. An HON MEMBER: A wonderful Minister! The MINISTER: You took the words right out of my mouth. Do you know what he does in the ANC? The poor man. It is pathetically tragic. How did he get there? Does he know about you? [Laughter.][Interjections.]

3118 THURSDAY, 2 DECEMBER 2010 Mr Deputy Speaker, the three quarters of an hour I spoke to him, ... [Interjections.] ... The DEPUTY SPEAKER: Order! Order! The MINISTER:... was about these things the national Minister and the Department of Health in the Western Cape agree on – the budget problems, the grants and all those kinds of things. It is ironic that we have this good working relationship – the other MECs in the country and I with the national Minister– where we get together on a national level and then we come here and have to listen to these shallow, meaningless arguments by hon member Witbooi. Mr Deputy Speaker, thank you hon member Anroux, the chairperson of the standing committee, who took part in the debate. I thank her for her support. [Interjections.] Road accidents, drugs, alcohol and everything that goes hand in hand with these things, have an enormous impact on the spending and expenses in the Department of Health. This government of us, under leadership of the Premier, centralised this service in the most important department for the first time and for the first time we are now workingaccording to strategies. Although this is a gloomy situation, for the first time a plan has been implemented. When I look at the health problems in the rest of the country; when I look at the pressure put on health in the rest of the country and in our province and I look at our plan to address these problems, I trust that within the next year or three we’ll be in a position to say we have acted proactively to address the financial problems of the health department in general –the causes of drugs, alcohol and things that go hand in hand with these problems. The remark was made that we should deliver a good service to the poorest of the poor. This department should really be commended as a department with an excellent performance record. Its clients are 100% those who are at the bottom of the economic ladder and the department is by far the best in the country and even on the African continent. If this isn’t excellent service to the poorest of the poor, I don’t know what is. To tell the truth, nowadays people are sent to us by medical schemes because of the good service we provide and – you won’t believe this –nowadays people ask to be transferred from private hospitals to our department’s hospitals. This is about our people and our service. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [W9—2010]

(Debate on Vote 11 – Agriculture) *The MINISTER OF AGRICULTURE: Mr Deputy Speaker, once again, it’s an honour to participate in this debate. The year 2010 was a busy year in agriculture. Many things happened, but I think in the end we can say that no one was left hungry. Not one of us had unhealthy food. I hope that during the coming Christmas season you will have delicious food on the table and a good wine to enjoy in moderation. I’m not sure my department knows they had to come in to work. I hope they hear that when outside. I want to thank my department for the long hours they laboured.

THURSDAY, 2 DECEMBER 2010 3119 We really do appreciate that. I think our people are special people who really make a difference.[Interjections.]I can do it on my own too. [Interjections.] The past year we received from the national department an additional budget of R50 million of which I’m very grateful. This money is earmarked for the drought-stricken Eden district. We will assure that this money, like the money we previously received, is spent wisely and that there is no corruption. The past year we spent R26,9 million south of the Outeniqua Mountains, mainly to buy food for animals. The people received coupons and they collected the food from registered retailers. Another important event this year was the lifting of the moratorium on shareholding schemes. Once again I want to thank the Premier for her prominent role in this. You will see in the booklet Minister Nkwinti issued at the Summit of Shareholding Schemes, that he pertinently mentioned the role of the Premier and me in this process. We are going to support his campaign one hundred per cent and make sure that these shareholder schemes are a success. Therefore, I am going to appoint a special task team to help the people who are involved in this campaign to make a success of the project. I am committed to reach a success rate of 60% over the next five years where land reform in the Western Cape is concerned, and I’m going to work very hard to reach that goal. Our veterinarians worked very hard. We had Rift Valley Fever which, I could almost say, came with the mosquitoes from the northern parts of the country to the south. We were able to manage this to a large extent, and I want to thank the farmers who vaccinated their animals in good time. I want to encourage them not to stop the vaccinations if there are still animals that were not vaccinated. There is a new vaccine that can be used on gravid animals. Our Farm Worker of the Year Competition attracted 750 participants. We want to congratulate them. This was a joyous occasion. I hope hon Prins will acknowledge my part in it. In recent times we followed a commodity approach where we worked with industries – the fruit industry and the wine industry –to make our Rands go even further. [Interjections.] At Pick ‘n Pay. [Interjections.] We also worked closely with the race horse industry to see reform take place even there. I want to announce today that by the end of January next year yearlings will be sold at CTICC. Our farm workers will be selling their first horses at that auction and we are going to ask the Premier to open the function. We are also working toward hosting the very first international horse racing event in South Africa, but in Cape Town. We believe this will take place in January 2012. We are already in the process of getting all the necessary permissions. I appointed a College Council at Elsenburg where there were none in recent times. I believe they will do a very good job. Rural development is moving along, especially in the Dysselsdorp area. Minister Nkwinti told me, “Gerrit, your man is the best in South Africa”, and I want to thank him.

3120 THURSDAY, 2 DECEMBER 2010 At the Women of the Year event the Department of Agriculture was mentioned as the government department that employs the most women in top positions. †Mr MC WALTERS: Mr Deputy Speaker, it is perhaps necessary to look at the importance of agriculture, and we consider the department’s adjustments appropriation proposal. Agriculture’s share of the South African economy has declined to between 2,4% and 2,8% since 2005, in comparison with 12,5% in 1963.It, however, remains a major source of employment, with 1,3 million workers, about 10,6% of the South African labour force in 2006. In the Western Cape, it employs large numbers of workers and plays a larger role in the local economy than at national level. The Western Cape has distinctive agro-climatic attributes. For example, it is the only region in South Africa that experiences winter rainfall and therefore its agriculture output is dominated by deciduous fruit and wine grapes, whereas output in the rest of South Africa is heavily biased on field crops and livestock. That agricultural growth in the Western Cape in contrast with the rest of South Africa has been impressive is best illustrated by the wine industry, where the support of the department has been crucial. The value, at 2008 prices, of primary production of the wine industry increased by 37% between 2003 and 2008,total turnover by 79%, exports by 99%, domestic sales by 76% and a contribution to the fiscus in terms of taxes by 71%. The total turnover of the wine industry was R23,427 billion, of which foreign and local tourism contributed R4,7263 billion. The global recession has slowed growth generally over the past two years, but it is expected to resume once the global economy has recovered. The Department of Agriculture has the daunting task of providing services across a broad range of diverse needs of the most sophicated agricultural sector in South Africa and deserves our support. It must provide these services to the programmes described in planning, reporting and budgeting submissions. These programmes have all proved their worth in the past and will certainly have to play a key role in the future, unlocking the growth potential of local resources in pursuit of the economic development in the Western Cape. This is addressed through their various programmes. These include the maintenance and protection of our natural resources and the maintenance and improvement of cutting edge research and development services to ensure that industries in the province remain internationally competitive and can optimise production in line with the potential of local resources. In this respect it was perturbing to see that there has been money moved away from research to address urgent needs elsewhere, but in the Department of Agriculture the standing committee urges that they pay very serious attention to the creation of the Western Cape Agriculture and Research Forum to harness all such capacity in the province. The future increased funding of research is essential if this province is to enjoy the maximum benefit from agriculture development. Indeed, the R482 million assigned to the department pales into insignificance when once looks at the R1,4 billion received by the Department of Agriculture in the Eastern Cape. The active integration of land reform beneficiaries into mainstream agriculture and the provision of the necessary training and extension support to maximise the success of the programmes is essential. The equity sharing approach of the department has been referred to by the Minister, and this has been uniquely successful when compared with programmes elsewhere in the country.

THURSDAY, 2 DECEMBER 2010 3121 We must certainly congratulate him on the recently announced support of this concept at national level. The department provides a veterinary service to livestock centres superior to those in other province, where such services are in disarray and require support from the Western Cape. Elsenburg, as we know, has been on the forefront of agricultural training for more than 100 years and has expanded in recent years many fold to meet the needs of a diverse industry, requiring a range of skills from various fields of farming at tertiary, diploma and certificate level and many essential skills which have to be imparted to small-scale farmers. With the mid-term appropriation budget of R483,987 million, the department has been constrained to transfer funds from one point to the other, especially to address emergent shortfalls and accommodation of employees, where a national grant of R4,137 million has been very welcome and also the additional R50 million received for drought relief support in the industry. The standing committee has vigorously interrogated the submission by the department and was satisfied that the adjustments have been necessary and in the interest of the department continuing to best serve the province. The department was further requested to provide information which will contribute to a better understanding by the committee of the many challenges the department faces in its future activities. We recommend that the adjustments, as proposed by the department, should be accepted. †Ms PW CUPIDO: Mr Deputy Speaker, I definitely agree with the Minister in saying that 2010 was a very busy year, I think the busiest in many years. The ACDP would like to support the aim of the Department of Agriculture, in a sense, that its desire is to unlock the full potential of agriculture to enhance the economic, ecological and social wealth of all the people in the Western Cape. The ACDP therefore welcomes the adjustments appropriation increase of R54,9 million. I do, however, note with concern that there is no clear indication of support and empowerment of farm workers per se as well as support to upcoming farmers in this adjustments appropriation. *Mr Deputy Speaker, the ACDP calls on the Minister to do more to ensure that farmers from previously disadvantaged communities get more purpose-driven support in order to make a contribution to once again establishing the Western Cape as the food basket of South Africa. The ACDP supports this budget and wishes the Minister and his department a prosperous Christmas Season. *Ms JA VAN ZYL: Mr Deputy Speaker, I find it disturbing that the Minister once again did not use the golden opportunity to, just like in the budget debate in this House on the 29th of March, make provision for an emergency fund to help the victims of floods, fires and drought in the short term.

3122 THURSDAY, 2 DECEMBER 2010 Even more disturbing is the fact that R50 million due to be paid to victims of flood damage could not yet be paid because the environmental impact studies, according to the department, have not been completed yet. Drought relief are currently only available to stock farmers, a programme that is put in place for vegetable farmers who are also at the mercy of nature and more specific, with enough rain. A compassion programme for seasonal workers and farm workers should be created for cases where people could lose their jobs because of natural disasters. We can’t wait till a farm worker or seasonal worker loses his job before they can go to social workers to apply for financial support. We further welcome the Minister’s prioritisation of land reform and also the goal of 60%. One should also budget and ensure that enough vaccines are available in the case of Rift Valley Fever in order to resume the export of wool to China, which is currently prohibited. The amount of almost R26 million towards disaster relief from the National Treasury is most welcome. Although this is less than we asked for, it was a great help to farmers in the drought-stricken Southern Cape. What concerns me, however, is the R2,6 million that was not spent, but will be carried over. Another amount of R654 000which was to be used to buy animal food, fertilizer and fuel will also be carried over. The department should be congratulated, and the Minister too – he asked us to congratulate him –on the FarmWorker of the Year Competition. Not only does this competition lead to healthy competition among farm workers, the farm workers’ skills levels are addressed and improved. Cope supports this Supplementary Budget. *Ms E PRINS: Mr Deputy Speaker, firstly I would like to thank the Minister for the little gift, the wine, he gave us. [Interjections.]I know I will make good use of it during the Christmas season. [Interjections.]I first want to ask hon Minister if it is DA policy not to advertise wine, because we know hon Minister De Lille is an advocate of such legislation. Mr Deputy Speaker, we heard a lot of campfire stories told by the Minister. One would think he is preparing to retire and entertain the children with his idle talk. One such a tale was when the Minister told us with a smile how farm owners participate in these competitions for farm workers, but the Minister missed the point that I supported. I want to know if the Minister is going to get his department to have competitions for farm owners where they can compete to improve the circumstances and quality of farm workers. Instead of having the farm owners competing, the Minister only saw the competition as a way for farm workers to become better farm workers. Now I want to know: Should they always just be Klaas, or could they, like the boss, get a better life on the same farm? I hope the Minister didn’t mean that is okay for farm workers to knock on the door of the big house, hat in hand, instead of standing on his own two feet and, in his own right, lives a dignified human life. What is not a bedtime story though, is that disaster funds did not reach the farmers who suffered so much.

THURSDAY, 2 DECEMBER 2010 3123 I already questioned the fact that all role-players were not included to give their input on who would benefit and to help with the assessment of damage. Only Agri Wes-Cape was approached and we all know whose interests they will look after. They are only a pressure group or union for big owners and not directly involved with emerging farmers, subsistence farmers or small farmers. They do not look after the needs of farm workers. They don’t care if those people’s few animals, which are their whole livelihood and wealth, suffer. I’m still looking for signs of a wider perspective. We hear that only farmers are being assisted. Then the focus was only on the farmers and not the damage in general. We hear that farmers in the Ladismith district and other surroundings were excluded. Mr Deputy Speaker, Eden was given preference, but other areas in the Southern Cape were also hit by drought. Now we see that the Central Karoo is hit by one of the worst droughts in a long time. I would like to see how the Minister is going to assist this area and if he has done everything to help where he can. I don’t see any evidence in the adjustments appropriation budget. It’s a shame that this government only depends on the national government and does very little of its own accord to help. Yet we welcome all assistance. Mr Deputy Speaker, now I have to speak sternly today about all the vacant posts that hamper service delivery and also about the restructuring with the moratorium which took a heavy toll on this department. And it is ironic that this department only tells us when the budget is discussed that it will make do with what it had received. The cutback was not a problem. Then we discovered that it was no savings at all. Now that the adjustments are on the table we have to pinch and scrape to get extra money. What I expected happened. The funds were insufficient from the start, but no one wanted to say anything. Now everything is in the open. And after a few months things do not seem any better. Mr Deputy Speaker, I want to refer again to the question about farm workers, emerging farmers, small farmers and subsistence farmers. I still think it’s the Minister’s responsibility to include them in all planning and participation, not like in Worcester recently where only a few chosen big farmers were at the meeting. Land owners cannot be considered the only farmers. In this council chamber we also had a commotion recently when DA-members got excited because of the focus on new farmers. They think commercial farmers are and will always be the only farmers in the province, and we know what is meant by those terms. I also want to bring it to the Minister’s attention that very little support is available for emerging farmers who perform excellently. Provisions are made and are spent, but are they targeted? Do they reach the emerging farmers who have proved themselves and excelled? According to my information those programmes do not reach everyone. Regarding the emerging farmers, the Minister recently told us about the R1,2 million that was left from a programme of R26 million for organised farmers. This was too little to be of help, so it was divided among emerging farmers. Why does this sound like the crumbs of the big farmers’ tables that are distributed among new farmers as an afterthought?

3124 THURSDAY, 2 DECEMBER 2010 Mr Deputy Speaker, another concern is the awarding of donations to certain organisations. It is quite significant that large amounts of money are given to Agri Wes-Cape. The question is if the Minister favours Agri Wes-Cape. We all know that he was the former president of Agri Wes-Cape and now he is the honorary president of Agri Wes-Cape.[Interjections.] I want to appeal to you, Minister, and your department, to look after other organisations such as Women on Farms, African Farmers’ Union and others because they represent the emerging farmers and new farmers. *Mr JJ VISSER: Mr Deputy Speaker, hon Prins reminds me of an empty tin with a stone inside, of a broken gramophone needle spinning in one place. Ms E PRINS: [Inaudible.] †The DEPUTY SPEAKER: Order, hon Prins! [Interjections.] Hon Prins, order! *Mr JJ VISSER: It is quite obvious that she knows nothing about agriculture. She doesn’t realise that this is a synergistic system that cannot lean over to one side, but we forgive her, because that’s what the Bible tells us to do to narrow-minded people. †Mr Deputy Speaker, it is sad to note that we all have to die sometime. It is just a question of when. This phenomenon is due to deterioration of the body and the inability it has to regenerate itself. What a pity. The same phenomenon could be applied to institutions or systems or any function or entity. When it loses the ability to regenerate itself, it shall surely die eventually. When we talk about security of food for all, then we refer to a dying entity, if we do not wake up and start the regeneration process soon. We must be aware of the ghost of Africa looming over us, the ghost of famine and hunger. [Interjections.] †The DEPUTY SPEAKER: Order, hon members! I can’t hear the hon Visser, please. †Mr JJ VISSER: How do we regenerate or sustainable an entity? We do that by generating new ideas, new techniques, new equipment and new knowledge. If we compare ourselves with a country like Brazil, then we must realise how far we have fallen behind. At Embrapa in Brazil, they will generate more than 100 new doctor and in just this year alone to be researchers in the field of agriculture. [Interjections.] *The DEPUTY SPEAKER: Order, hon Prins! Order, hon Visser! Hon Prins, you’ve had your chance. Please let hon Visser have his. Ms E PRINS: [Inaudible.] †The DEPUTY SPEAKER: Thank you very much. You may proceed, hon Visser. *Mr JJ VISSER: Thank you, Mr Deputy Speaker. This is the empty tin with the stone inside I am talking about.

THURSDAY, 2 DECEMBER 2010 3125 †The DEPUTY SPEAKER: You may proceed. †Mr JJ VISSER: I just want to reiterate that at Embrapa in Brazil they will generate more than 100 new doctor and I just this year alone to be researchers in the field of agriculture –people who shall through their efforts as researchers seek to improve the factors which must constantly regenerate the agricultural economy of Brazil. What was evident in Brazil is a policy of no handouts, nothing for free, and agriculture in Brazil is prospering and growing.[Interjections.] It is self-sustaining. It is a bit different than in Africa, where people have become largely dependent on handouts, and agriculture is not self-sustaining. In fact, it is in dire straits. My question is: Do we want to be like Brazil or the rest of Africa? I’m afraid that we are slowly tipping the scale to the side of Africa in this balance of circumstances. My sincere plea here today is that we need to focus on the right things to make sure that we sustain food security for everybody in our province. We take note of the shifting of funds within this budget, and although it is good to note that the Adjustments Budget makes provision for a shift of R41 million towards technology, research and development services, but I’m really concerned and making a plea for the 2011 and 2012 budget, where we’ll have the opportunity to think and act progressively and wisely. Let us put our budget where it will continually regenerate agricultural growth in the Western Cape and allow further expansion of this crucial sector. I wish the Minister and his department strength for the task for the last part of this year, and I want to support this Adjustments Budget. *The MINISTER OF AGRICULTURE: Mr Deputy Speaker, …[Interjections.] †The DEPUTY SPEAKER: Order, hon members! *The MINISTER: Mr Deputy Speaker, I just want to welcome my department too.[Laughter.]You should listen carefully now. [Interjections.] †The DEPUTY SPEAKER: Order, hon Skwatsha! Mr M SKWATSHA: [Inaudible.] The DEPUTY SPEAKER: Hon Skwatsha, order, please! *The MINISTER: Mr Deputy Speaker, it’s not their fault that they’re late. We expected to break for lunch, but then we proceeded faster, and that’s why they’re late. I fully accept this and so should you. [Interjections.]If you do not want to accept it, hon Prins, you don’t have to, but the Council will accept it. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: I thanked them at the beginning. I think this department is something special, and I just want to repeat it briefly. Hon Walters, I agree with everything you said. At the end of the day – and hon Johan Visser lso said this at the end –it boils down to too little money. Thank you very much that you will help us to get more money.

3126 THURSDAY, 2 DECEMBER 2010 Hon Cupido, I think we give special support to the new farmers in our area. Should there be new farmers who claim they don’t get support, would you please contact me or the department. We have people in all districts who really want to take hands. When someone tells me we do not support new farmers, I think he just did not contact us yet. [Interjections.] Hon Van Zyl, an emergency fund is a luxury. I would really like us to have an emergency fund, but we just do not have the money. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: Hon Strukkie, I’m struggling now. I would like to have an emergency fund, but thank you for congratulating me on the Farm worker of the Year function. Hon Prins, now I would like to answer your questions, but please understand them, because we already said this at the meeting of the standing committee and ...[Interjections.] †The DEPUTY SPEAKER: Hon members, you posed some questions to the hon Minister but you don’t even listen to the answers.[Interjections.]Hon Witbooi, order, please! Please proceed, hon Minister. *The MINISTER: Disaster relief was paid to farmers in the Eden district on the southern side of the Outeniqua Mountains. This was paid to all farmers, whether they were small farmers, had few stock or many stock. We really did our best to try and help everyone. More than 900 people in that area received help. Then the situation started to improve and a little money was left, so we awarded this to farmers in the Eden district. Then we took the rest of the money over the mountain to the northern slopes of the Outeniqua Mountains, the area where you come from. There we tried to help, especially the small farmers, but the commercial farmers too, and we tried to make that money last by using animal food we received for free and which we asked for on the radio. People from the Free State brought it to us and we distributed it among the farmers in that area. We really tried to help everyone. You say we do nothing for farm workers. I want to challenge you. Name one province in this country that does more for farm workers than we do in the Western Cape. I want to challenge you. I am incredibly proud of what our people do for our farm workers. [Interjections.] I am incredibly proud ... [Interjections.] ... The DEPUTY SPEAKER: Order! The MINISTER: ...of the conditions of our workers on our farms in the Western Cape. You should compare that to the other provinces in this country. We told you the other day what happened ... †The DEPUTY SPEAKER: Hon Minister, please address the Chair. *The MINISTER: Mr Deputy Speaker, I would address you any time. I’m afraid though she will not listen. [Interjections.] *The MINISTER OF HEALTH: She listens, but I’m not sure she understands.

THURSDAY, 2 DECEMBER 2010 3127 *The MINISTER OF AGRICULTURE: Mr Deputy Speaker, what happened at Worcester, is that the Cabinet met with Agriculture, the whole spectrum of Agriculture. I was the one who said we will not stop anyone at the door. We’ll invite everywhere. I said it here and I said it at every possible opportunity. People who want to come, come, and people across the spectrum attended. They also took part in discussions at the podium, even farm workers. We really tried. I also want to tell hon Prins, Mr Deputy Speaker speaking through you, that we do not give prizes to new and emerging farmers. The National – not the provincial – Emerging Farmer of the Year is from the Western Cape. [Interjections.] He’s from the Western Cape. *Mr M SKWATSHA: Is that so? [Interjections.] *The MINISTER: This is news to you. Now let’s talk about donations and the donation Agri Wes-Cape received. I’m not ashamed that Agri Wes-Cape received a donation, but at a meeting of the standing committee my Deputy Minister sat over there and explained in detail to hon Prins and hon Ozinsky how the process worked. We had a long list, and you can read on page ...[Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: Hon Prinscan take a look at page 264.There is a long list with the names of people to whom we gave donations, and to many other organisations too. Hon Prins, tomorrow night I will be –and this will be news to hon Skwatsha and I hope he’ll be there – at the Gugulethu Wine Festival. We are donating double the amount we gave Agri Wes-Cape to the Gugulethu Wine Festival. [Interjections.] †The DEPUTY SPEAKER: Order, hon members![Interjections.] *The MINISTER: I would like to ... [Interjections.] †The DEPUTY SPEAKER: Order, hon Minister! Hon Ozinsky, please give the Minister a chance. Mr M OZINSKY: [Inaudible.] The DEPUTY SPEAKER: No, I’ve said hon Minister and hon Ozinsky. That’s what I’ve said. *The MINISTER: Mr Deputy Speaker, I really hope to one day become the president of the Gugulethu Wine Festival.[Interjections.] I would like to thank the standing committee and everyone who participated. May everyone, some sometimes under dire circumstances, enjoy a blessed Christmas. Debate concluded.

3128 THURSDAY, 2 DECEMBER 2010 †The DEPUTY SPEAKER: Thank you, members. That concludes the debate on this Vote. Dinner will be served in the Members’ Lounge. The House is adjourned. Thank you very much. The House adjourned at 18:29

__________________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS THURSDAY, 2 DECEMBER 2010 ANNOUNCEMENTS The Speaker: 1. Assent by the Premier in respect of Bills

Western Cape Local Government Laws Rationalisation Bill [B 2B-2010] – Act 4 of 2010 (assented to and signed by Premier on 29 November 2010).

Western Cape District Health Councils Bill [B 6B-2010] – Act 5 of 2010 (assented to and signed by Premier on 29 November 2010).

2. Filling of vacancy The vacancy which occurred in the Western Cape Provincial Parliament owing

to the resignation of Mr I E Jenner has been filled with effect from 30 November 2010 by the nomination of Mr R B Lentit. The Member took the oath in the Speaker’s office today.

3. Appointment of Leader of Independent Democrats Mr R B Lentit has been appointed as Leader of the Independent Democrats in the Provincial Parliament with effect from 2 December 2010.

TABLINGS 1. Provincial Gazette Extraordinary

(a) Provincial Gazette Extraordinary 6815, dated 26 November 2010: Publication

of Determination of Salaries and Allowances of Provincial Ministers and Members of Provincial Parliament of the Western Cape.

(b) Provincial Gazette Extraordinary 6818, dated 2 December 2010: Publication of

Western Cape Local Government Laws Rationalisation Act, Act 4 of 2010. (c) Provincial Gazette Extraordinary 6819, dated 2 December 2010: Publication of

Western Cape District Health Councils Act, Act 5 of 2010.

2. Public Service Commission Reports (a) Report on the Assessment of the Effectiveness of Thusong Service Centres in

Integrated Service Delivery [RP60/2010].

(b) Key Drivers of Citizen Satisfaction with Service Delivery: Pilot Report 2009/2010. [RP123/2010].

FRIDAY, 3 DECEMBER 2010 3129

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 10:00. The Speaker took the Chair and read the prayer. ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS—see p .

HOURS OF SITTING

(Motion)

†Ms A ROSSOUW: Mr Speaker, I move that: Notwithstanding Rule 16, the hours of the sitting on Tuesday 7 December

2010 will be from 10h00 till adjournment. Agreed to.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 8 – Housing)

†The MINISTER OF HOUSING: Mr Speaker, as I said in the debate on the Medium Term Budget Policy statement yesterday, while we remain alert to the risk of underspending, our expenditure picture has improved significantly since the end of September when we had spent only 33% of our budget. By the end of November the Department of Human Settlements had spent just over R1 billion, or 52%of its budget. We have built 8 108 houses, or 54% of our target of 15,000, and we have serviced 7032 sites, or 39% of our target of 18 000 sites. We have disbursed R265 million in November, which is 133% of our target of R200million for the month. We have already received R200 million †worth of claims to process in December, and we anticipate again exceeding our target of R235 million and further eroding the backlog of expenditure built over the first half of the year. In fact, we are fairly confident that we’ll exceed R260 million for December which will take us up to 66% by the end of the third quarter. We are confident that we can sustain these above target levels of expenditure over the last four months of the year. Our proactive plan and projected cash flows were presented to the recent Minmac meeting held in Polokwane last month and there was confidence expressed in our plan to spend the balance of our budget. Like most other provinces, we have faced a number challenges this year and some projects have been held up by various factors. As I discussed in the debate yesterday, bulk infrastructure limitations has been a key issue. A number of projects in the South-eastern Metro pole of the City of Cape Town have been held up by the bulk infrastructure constraints, and specifically the capacity of the Zandvliet Wastewater Treatment Works.

3130 FRIDAY, 3 DECEMBER 2010 This included the Nuwe Begin Project being run by the Provincial Department of Human Settlements, as well as the City of Cape Town’s Happy Valley Upgrading Informal Settlements Project (UISP). The delayed start of these two projects contributed substantially to the fact that we are still behind schedule in the provision of serviced sites. In the Appropriation Adjustment we are budgeting R8 million to the City of Cape Town to help fund a pipeline to divert sewerage from Zandvliet to the Makhaza Wastewater Treatment Works in order to create additional capacity in the South-eastern Metro pole to allow those projects to run. We have also funded storm water management infrastructure in Chatsworth in the Swartland to the value of R5 million, water pipelines in Swartland R12 million, and Pacaltsdorp in George to the value R5 million. All of these interventions were necessary to ensure that the Human Settlements projects we are funding can proceed and not become blocked for lack of piped water or wastewater treatment capacity. Unfortunately our available funding for this kind of intervention is limited to R30 million. We do, however, need to consider where the need is greatest and where our intentions will make the greatest impact in terms of the development of sustainable human settlements. Kannaland still has bulk infrastructure issues, but we advised them during a meeting last month to explore alternative technologies such as on-site water wise wastewater treatment, which would get around the wastewater capacity issues as well as reducing the demand for water that the project would add to the town of Calitzdorp. The N2 Gateway has continued to be help up by legal issues relating to the closing down of Thubelisha. Despite expressing confidence during my budget speech in March that work on … [Inaudible.] … would restart early in the new financial year, we only managed to reach agreement with the Ibuyile Consortium at the end of September. We are currently busy with a mediation to resolve outstanding disputes over amounts owed for work done by Ibuyile, but the consortium is on site in Delft and busy completing the houses that have been standing partially built since March last year. In addition, it has taken us longer than anticipated to reach agreement with the communities of Boystown and Joe Slovoto finalise the town layout plans. However, these issues are all largely resolved. Vula Joint Venture has started in Boystown and Sobambisana will establish themselves in Joe Slovo Phase 3 after the builders’ holidays in January. Mr Speaker, members might recall from the debate on this Vote Adjustment last year that we received permission to shift R150 million from the N2 Gateway last year provided that we reinvest the money this year. Because of the issues that I’ve just explained we sought, and received, permission from the national Minister to repay only R50 million this year and the balance next year. This R50 million, together with the R69,2 million rolled over from the 2009-10 financial year, and the R400 million earmarked allocation for this financial year, means that we have R519,2 million to spend on the N2 Gateway in this financial year.

FRIDAY, 3 DECEMBER 2010 3131 The R100 million we are no longer repaying, together with a further non-earmarked roll-over of R14,7 million from the 2009-10 financial year and some savings from other provincial allocations, provides a total of R134,4 million to reallocate to projects in other municipalities with the capacity to spend before the end of the financial year. Before highlighting some of those shifts, let me take this opportunity to thank Minister Winde and his team at Treasury for amending the Appropriations Act to allow more flexibility in our shifting of funding between municipalities. We have to face the fact that even with the best planning in the world, things happen in the built environment that are beyond our control and we need to adapt to be able to respond quickly to ensure we spend our budget. This is not to say that we’ll shift money willy-nilly between the municipalities. In August this year we established a Grant Allocation Advisory Committee to improve governance over the allocation of budgets and ultimately improved planning and spending of the Integrated Housing and Human Settlements Grant. Its first task was to assess the progress of each municipality, project by project, and determine which projects and municipalities were likely to under spend and which had the capacity to spend more. While the committee identified some municipalities at risk of under spending, we have engaged with all of them to assist them to get projects moving and ensure that they spend their money. While we are retaining R288,5 million of the City of Cape Town’s allocation, that money will all be spent on programmes managed by the department within the city’s jurisdiction on the People’s Housing Process (PHP), social housing, the Enhanced Extended Discount Benefits Scheme (EEDBS) and individual subsidies. Otherwise, no municipal allocation has been reduced. In determining which municipalities should receive additional funding we considered the following: Readiness of new projects to start, or the capacity of running projects to accelerate expenditure, and the alignment of those projects with the Provincial Government’s Strategic Goals. In particular, an important consideration was whether a project would result in the provision of more serviced sites. It was important to get additional UISP projects started in order to make up for those projects that had been delayed. Mr Speaker, for example, we are providing an additional R30 million for Breede Valley which will yield 1 000 serviced sites in De Doorns. Cederberg is getting an additional R22,5 million, some of which is for an emergency housing project in Citrusdal which will assist 668 families and also to complete houses on projects in Clanwilliam. Hessequa is getting an additional R22,2 million for 160 sites and houses in KwaNokutula Riversdale. We are providing Bitou with an additional R14 million which will be shared between their … [Inaudible.] … UISP project of 188 sites and 51 units on a new high density housing project in Bossiesgif. The first project contributes to our serviced sites target, while the second project is aligned to our goal of optimal and sustainable user resources.

3132 FRIDAY, 3 DECEMBER 2010 Mossel Bay received an additional R12,2 million which will fund a project of 200 sites in Friemersheim, as well as kick-off another UISP project in Joe Slovo Asazani, which will yield about 1 100 sites by the end of the next financial year. We are providing Knysna with a further R8 million which will fund retaining walls to create platforms and make it possible to build on a relatively steep site. The civils contractor will also cast the slabs. The houses will then be completed at a later stage by smaller PHP contractors. Drakenstein is getting R7 million extra for three … [Inaudible] … UISP projects in Siyahlala, Kingston Town and Lantana which will lead a total of 499 sites. Witzenberg gets an additional R5,7 million with which they can get started on a UISP project of 569 sites in Tulbagh. We have also approved a social and economic facility in line with our vision of developing integrated and sustainable human settlements. We have provided Cape Agulhas with an additional R5 million to fund a new project of 251 sites in Bredasdorp. The District Council of Eden gets R4,65 million for a UISP project of 183 sites in Uniondale. All district management areas are due to be incorporated into local municipalities after the municipal elections next year so no further projects will be approved for district councils to undertake. Matzikama and Berg River each receive an additional R3 million to fund 106 additional sites in Klawer and 332 in Piketberg, respectively. Finally, Swellendam gets an additional R1,2 million for an urgent rectification project in Barrydale. The department also paid out a further R35,5 million to various municipalities, mostly in the City of Cape Town, but this was to settle its arrears in rates and taxes. And I must say, Mr Speaker, that the upshot of the Western Cape Housing Development Fund moving from a disclaimer to a clean audit opinion last year is that we were able to reconcile all our properties with outstanding and disputed municipal rates accounts. I’m happy to announce that the Department of Human Settlements is the first department in the province to settle all its arrears with municipalities. I think we all know that currently the bill that is owed, by the government alone to municipalities … [Interjections.] The bill that is owed by the government department to municipalities is more than R30 billion nationally. So I think this is a good step in the right direction. We have appointed a service provider to establish a portfolio management unit. The purpose of this unit will be to maintain a central hub of all project-related information which can be used to report on progress, provide audit evidence and take management decisions. The set-up phase of the unit which involves the mapping and analysis of our business processes and the capture of all our current projects into a database, is scheduled to be completed by the end of the financial year. The operation and refinement of this system will then follow. We have also advertised, assessed and compiled a professional resource team database. We are in the process of drafting terms of reference to appoint professional resource teams (PRTs) to support municipalities in the planning, packaging and implementation of human settlements projects.

FRIDAY, 3 DECEMBER 2010 3133 It is our aim to have project pipelines in all municipalities with more projects ready in any one year then there’s more to spend. If we then have delays in a project, for whatever reason, it is a simple matter of bringing another project forward to pick up the slack. All of these measures are intended to improve our planning going forward and prevent the kind of urgent measures that were required this year to prevent under spending. In the meantime we are committed to making every effort to achieve our targets and spend our budget before the end of the financial year. In closing, Mr Speaker, let me take this opportunity to thank the team that has been responsible for the good work that I’m reporting here, and I present this budget to the House. †Mr J J VISSER: Mr Speaker, the portfolio that has to deliver housing must be the most difficult entity to manage because of the high level of emotion attached to it and also because of the expectations which were created by the ANC in 1994. Due to this it has brought about competition amongst people to be first in line for a house. It is also easier to commit crime in this whole scenario of creating houses for all. I sincerely believe that no one will ever be able to satisfy all in this process. It is, however, very true what my colleague, hon Walters, said in his statement on Tuesday in the House about discipline. For anyone to be in any way successful in the process of delivering houses there needs to be a very high degree of order and discipline all around – order by means of policy, strategy, rules, systems, structures, money and fit for purpose personnel and discipline in the execution of the strategy, something that the ANC doesn’t recognise. With the DA’s policy on housing, the fit for purpose Minister and the personnel with the right attitude, this Province will succeed in delivering houses for all. The only thorn in the flesh, apart from the ANC, is the amount of money which is available to achieve this goal. It is therefore such a delight to see that in this mid-year budget there is an increase of R131 million. With the roll-over funds of R83 million an additional 1 000 houses can be delivered – and the Minister has just told us that they’ve already started to deliver on this. More focus will be placed on housing development, Housing Asset Management and Property Management with a further adjustment of R28 million and R30 million, respectively. The pressure on the Western Cape, with a population growth of more than 3%, is even higher than in other provinces to deliver houses. The influx of people with the expectation that the prospects of receiving a house here is better than in other provinces is significant. I want to wish the hon Minister and his team all the best and want to assure him that the Standing Committee will play its part to help in this process of building houses. Nksz T N BEVU: Ndiyabulela, Somlomo, ndifuna okokuba ndiqale ndamkele umboniso kaMphathiswa wezeziNdlu. Manditsho ukuthi siyalwamkela uhlangahlengiso lwakhe alwenzileyo,kodwa ke into esingayithandiyo yilento yokubangaba izimali zingasetyenziswa zikhutshelwe komnye unyaka. Uyabonake iyingxaki lonto leyo ngoba xasijongile njengoko naye ebetshilo apha ephepheni ngenye imini esithi abantu abadinga izindlu sisiqingatha sesigidi.

3134 FRIDAY, 3 DECEMBER 2010 Kubalulekile into yokubangaba imali xasiyifumene isisibonelelo siyisebenzise sakhe izindlu. Siyayazi thina ubunzima bokwakhiwa kwezindlu ngoba kaloku ujongene nabantu kwaye le ya yinkqubo. Kubalulekile into yokubangaba uMphathiswa kengoko isebe lakhelicwangcise kwangexesha. Kuyekwe lanto yokubangaba kugqitywe kulonyaka into yokubangaba kuzakubakho izindlu eKleinbergen kodwa kuthathe iminyaka emibini ukuze uzibone ezizindlu. Ndiyabulela ngoba ndiyabona into yokubangaba phana eBlue Downs kuyasetyenzwa. Ndijongile ke ndabona into yokubangaba naphaya eBoys Town kudala kuzanywa ulwakhiwo lwezindlu kunzima into yokubangaba sifikelele kulo nto yokuba makukhiwe izindlu. Iyaqashwaikontraka ibe phaya kodwa ngenxa yabahlali ingaqhubeki, kungenelela phofu ezopolitiko ukubangaba ungaqhubeki umsebenzi wolakhiwo lwezindlu. Sifuna ukuthi ke siyabulela kwaye simicela into yokubangaba atyhale kangangoko anako ukwenzela into yokubangaba kukwazi ukuba abantu abahlala kwimigxobhozo bakwazi ukuphuma kuyo. Ukwenzela into yokubangaba ezizinto zenzekayo abantu bathathe izindlu zabanye abantu zingakwazeki ukwenzeka. Ndiyambulela nento yokubangaba azibophelele kuba siza kumgada ngokuba uyazibophelela ukuba akuzi kuphindwa kunyanyezelwe kwisebe lakhekwaye ndicinga ukuba ibalulekile lonto leyo, kuba izindlu abantu abanazo. Ukubangaba uyajonga ePhilippi saphuma siyiKomiti eSisigxina sabheka phaya sabona phaya indlela abantu abahlala ngayo enyhunyhwini. Imeko ephayana imbhi kakhulu kwaye leya ayiyo ndawo yokuqalaneyokugqibela ke indawo embi kuba zininzi ezindawo ziloluhlobo. Kubalulekileinto yokubangaba uMphathiswa aqiniseksie ukuba isebe lakhe liyakhawulezisa kwaye liyawenza umsebenzi nokuba lisebenzisane nela sebe loCwangciso, ngoba ndiyayazi kubakho ixesha kuthwe iminyaka mininzi kusithiwa kuyacwangciswa kodwa ungade ubone nto. Ndisafuna ukwazi nangoku kuhlahlo lwabiwo-mali olwalubekelwe iDrift Sands lwaphelela phi na. Ziphelelephi izindlu zaseDrift Sands ekumele ukuba ziyakhiwa? Kuyakufuneka ukuba uMphathiswa ukuba azijonge ezonto into yokubangaba kulandawo kwakugqitywe kudala ukuba kuza kwakhiwa kwenzeka ntoni na kuba abantu bathenjiswa ukubangaba bazakwakhelwa izindlu phaya. Kodwa de kube namhlanje awukaboni ndlu, akukabikhonto iqhubekayo kuthe cwaka. Ndiphinde ndiye eMfuleni kwaExtention 3 uMasipala waseKapa wayegqibe into yokubangaba kuzakwakhiwa izindlu phaya ukulungiselela abahlala ngasemva kumakhaya abo, kodwa ngoku ndiyabona into yokubangaba kwenziwa izindlu zexeshana. Andiyazi ithe gqi xabekutheni kuba kwatyalwa imali kwaqashwa umcebisi ukuba enze iisicwangciso sala ndawo kodwa ngoku ndibona sekubekwe izindlu zexeshana. Andazi kwenzeka ntoni na. [Translation of isiXhosa paragraphs follows.] [Ms T N BEVU: Thank you, Speaker. I would like to first welcome the exhibition of the Minister of Human Settlements. Let me say that we welcome the adjustment he has made, but what we do not like is the fact that monies are not spent so much that they are transferred to another year. One will see that this is a problem because he has said in newspapers one day that the number of people who are in need of houses is a quarter million. It is important that the money we get as allocation be used to build houses. We know about the difficulties in building houses because people are involved and that is a process. It is important that the Minister and his department plan ahead.

FRIDAY, 3 DECEMBER 2010 3135 The department must do away with this thing of saying that this year a certain number of houses will be built in Kleinbergen but then another two years pass without people seeing those houses. I am grateful because I can see that in Blue Downs work is being done. I have looked and saw that also in Boys Town for some time they have been trying to build houses but it is difficult to reach our target. The contractor is hired there but because of the locals it is unable to continue with its job, as politics also interferes and that stops the buliding of houses. We would like to say that we appreciate what they are doing and we would also like to ask him to push as much as he can so that the people who live in flood areas are rescued. That can alleviate the problem of people taking houses belonging to other people. I commend him for committing himself to this cause but we are going to watch him in order to see whether he can walk his talk so that his department fulfils its mandate of ensuring that those in need of houses get them at the end. If one looks at Philippi, one day we went there as the standing committee where we saw that people live in squalor. The situation there is very bad and that is not the first and the last bad place because there are many of them. It is important that the Minister ensures that his department speeds up its job of building houses and that they work with the Department of Development Planning, because I have heard before that there is planning but it takes some years for one to see something happening. Istill want to know what happened to the budget set aside for Drift Sands. What happened to the houses which were supposed to be built in Drift Sands? The Minister has to look at such things because it was long decided that houses were going to be built in that area and what happened to that as people were promised houses. Till today we have not seen any houses there; it is quiet as there is nothing happening there. Let me go to Mfuleni Extention 3 where the City of Cape Town took a decision that they were going to build houses there for the back yarders, but now I see temporary houses there. I do not know where this came from as I know that money was invested there and a consultant was appointed to come up with a plan but now we see temporary houses. I do not know what is happening there.] †Mr P M JACOBS: Mr Speaker, let me take this opportunity to welcome these adjustments and thank the Minister and the department, under the leadership of Mr Tshangana, for the manner in which they presented these adjustments to the standing committee. Housing will continue to present a challenge in terms of planning and provision of shelter to those who do not have homes. Dealing with the unchanging waiting lists people moving from rural and poor communities to urban and better communities in search for better resources such as health care, education, employment opportunities, social amenities and many more others, would join the list of people who are looking at government to provide them homes. Over 3 million houses were constructed since 1994. Notwithstanding the unprecedented success of the delivery of homes, South Africa still has over 2700 informal settlements. The department acknowledges this in their adjustments.

3136 FRIDAY, 3 DECEMBER 2010 Mr Speaker, we support these adjustments. However, there are worrying trends. Let me reflect on some of them: The expenditure trend as the Minister has alluded to is worrying, as noted by the national Minister. The 33,36% mid-term expenditure is unacceptable. We are, however, informed by the Minister today that they are now at 52,12%. In addition to this under expenditure, R131,772 million is being appropriated to this department. The department promised that corrective interventions are being implemented to ensure the spending of the full allocation for the financial year, meaning that in the next three months they still need to spend 47,88% of their remaining appropriation, and an additional appropriation of R131,772 million. We take their word of corrective intervention. However, 33,36% in mid-term expenditure, not 50%, is worrying. In fact, if you take what the Minister says the 52, 12% by now, and not 75%, is more worrying. Come the annual reports in 2011, we hope we are not going to get a report with all roll-overs as a result of under expenditure because corrective interventions would have been implemented. The shifting of funds from one municipality to another is also a concern. This adjustment appropriation gives an opportunity to the department to identify performing and non-performing municipalities. Where the funds need to be shifted, and using this process in shifting funds, we hope that this is not an incentive to the department’s bad planning. Mr Speaker, come February/March we again hope not to see a fiscal dumping to those municipalities that the Minister thinks can or are performing. There must be a mechanism of monitoring by the standing committee, and not depend on the gazette, but in the form of a report to the standing committee that explains why Municipality A’s allocation has been taken and given to Municipality B, and not given to Municipality C. I am raising the point of “not given to Municipality C” because there would in any case be more than one municipality that meets the department’s requirements. Reasons given for underperformance of municipalities were challenges such as bulk infrastructure. I’m pleased that the Minister refers to that now. If this is the reason then we are sitting on a ticking time bomb that is going to explode in our faces very soon. Mr Speaker, we cannot continue to address these challenges by punishing the people who live in poor municipalities by taking the funding earmarked for housing from those municipalities to better off municipalities. As Minister Winde put it yesterday “… take money from the municipalities who are not spending their allocation and give it to those who are willing to spend their allocation”. This is a worrying attitude from Minister Winde which, in the House yesterday, was supported by the Premier and some of the Minister’s colleagues. A living example is Oudtshoorn, Laingsburg, and Clanwilliam. These are living examples; they can’t deliver because of planning challenges. Rich municipalities become richer and poor municipalities become poorer.

FRIDAY, 3 DECEMBER 2010 3137 The need for housing in poor municipalities increases, but they cannot provide homes although they have identified, and continue to identify, the need for housing in their strategic plans and IDPs. The reason for not providing houses is because of challenges of infrastructure that are beyond their own control. Now that the problem has been identified why not put all efforts and resources into addressing the problem? Direct more resources to where they are needed most. Bulk infrastructure would also unlock many other opportunities such as employment and economic growth. Minister, we understand your pressure to deliver housing opportunities and to spend your allocation, but that exercise should be an exercise that improves communities and changes the lives of people for the better. We believe you cannot do it alone; your budget alone is not enough. The affected departments need to come together and develop a strategy and put resources in place to address the problem of bulk infrastructure. With the attitude of taking money from where it is not used to where it will be used is like condemning poor municipalities to remain poor. The rollover of R83,878 million also changes the Key Measurable Objectives (KMOs) with the additional 1000 housing opportunities. We note that, but we note that with the underperformance of the department in relation to the provision of service sites. We also note the expenditure trends and hope that come the year-endreport the department would have kept its corrective intervention promise. We will not judge you now; we will judge you then. We were also hoping that the Minister would take this opportunity to just talk to this corrective intervention plan, so that we have an understanding as to what is this corrective intervention plan. Thank you very much. [Interjections.] †Mr MC WALTERS: Mr Speaker, in a normal situation where a relatively sedentary population is not exposed to high levels of in-migration of economic refugees from impoverished areas elsewhere, planning for the provision of housing for those unable to provide for themselves, is a relatively simple matter. The birth rate and mortality provide simple measures of future needs. In the South African scenario where the movement of people seeking a better life from areas of economic stagnation teconomic development, such as the Western Cape, is a common phenomenon and it is not a simple matter. A form of catch-up in the provision of formal housing takes place, and where in-migration overwhelms the ability to provide housing informal squatter settlements emerge with growing waiting lists of those needing access to formal housing. Issues of available serviced land, access to public transport, and many others, then emerge to complicate the accommodation of the need. The fact that three levels of government are involved is a further complicating factor. It is within this milieu that the Minister and his Department of Housing, now Human Settlements, find themselves. This situation has been in existence during the terms of successive governments with the result that a huge backlog of 500 000 has built up, exacerbated by some spectacular failures in the past, such as the N2 Gateway Project. The Minister has told us that while only 33,6% of the budget had been spent by mid-year, delivery had been accelerated since and the expectation was that targets would be achieved if unforeseen external factors did not interfere.

3138 FRIDAY, 3 DECEMBER 2010 Several factors, since enumerated, underlined the low expenditure during the first six months. These included the slow resolution of the N2 situation and the inadequacies of the Zandvliet Treatment Works to service developments. The rollover of R83 million from the previous term, however, would allow 1 000 more housing opportunities than originally budgeted for this year. The shifting of R8 million to the City of Cape Town to accelerate resolution of the Zandvliet problem would also facilitate the meeting of targets. A further complication to be addressed is that of municipalities not claiming timeously for work done, thus leading to the apparent underexpenditure on the part of the department. The emergence of the department as a separate authority from the former Department of Local government and Housing and the corporatisation, also required the shift of funds to follow functions and involved R14, 088 million. The accommodation of salary increases and strategic movements of funds from internal sources were among the adjustments required to accelerate delivery and meet rates and taxes obligations. The greater flexibility now instituted in the movement of funds from underperforming to high priority projects will promote optimal delivery by the department. The Minister has been innovative in his approach to the provision of housing opportunities and a greater emphasis on the delivery of service sites is a commendable innovation. He has had to operate in a very volatile, politically-charged environment, but has shown great adaptability in handling the demands of the department and the addressing of the serious deficiencies inherited from predecessors. The adjustments are supported. †The MINISTER OF HOUSING: Mr Speaker, let me thank hon member Visser, the chairperson of the standing committee, for his leadership in this portfolio. I think his comments are noted. Housing, unfortunately, is one of those portfolios that is used as a political football especially now that we are going to have Local Government elections and I think he’s comments are noted. Let me also thank hon member Bevu. I must make this very clear, Mr Speaker that the Treasury will not allow you to roll over funds unless those funds are committed. You know sometimes the roll-over is not because the money has not been spent; the roll-over is a result of the money that has not been claimed, but the work has been done.[Interjections.] No, but Treasury does not allow you to roll-over if the money is not committed; that is the point that I’m making. [Interjections.] No, no, the money … [Interjections.] The SPEAKER: Order! The MINISTER: In order for you to ask for a roll-over you must provide evidence that the money has been committed. So when you roll over, you roll over money that has been committed. It’s just that you have not paid it.

FRIDAY, 3 DECEMBER 2010 3139 In terms of the roll-overs that we had I think we made it very clear that due to the legal dispute that we had with one of the consortiums of the N2 Gateway Project, and the fact that we could not pay them the money that they believed we owed them that is why we asked for a roll-over from the Treasury. But the work has been done on the ground; it’s just that we could not pay the money. So it doesn’t mean that that money has not been utilised. [Interjections.] I take the point that was raised by hon member Bevu as well of proper planning. I think that is why, if members actually listened very carefully to what I was saying, we are now putting measures in place to make sure that the municipalities are capacitated because that’s where the problem is. The professional resource teams that will now assist us in project packaging and planning will make sure that we don’t come across the situation where we find out at a later stage that municipalities cannot spend. We need to make sure that there’s a proper pipeline in terms of planning so that we are sure that the money that is allocated to municipalities will be spent. Again, hon member Jacobs, all your comments are noted. But I think one of the realities that we must face is that sometimes the so-called spike towards the end of the financial year is inevitable because of the misalignment between the financial years of ourselves, as the Province, and those of municipalities. When we are about to get to the end of the financial year, that’s when municipalities start to spend because their end of the financial year is June, not necessarily in March, so they plan and then they start to spend in terms of top structures towards the end of their own financial year. That is why you find that they’re spending the money, but the money is sitting with us because they have not claimed that money. One of the reasons why we have these problems towards the end of September where we’ve only managed to spend 33% is because most municipalities have actually not claimed their money for the work already done on the ground. And I must also say there is the issue of the Municipal Infrastructure Grant (MIG). We had a number of discussions with the responsible department when it comes to bulk infrastructure. Your concern is noted, and it’s the same concern that we have as a department as well.That is why we have been pushing for the alignment in terms of these funds, both the MIG funding and the housing grant. In most areas you will find that in terms of the Provision of Revenue Act (Dora) we allocate funding to a municipality, but you find a situation where the bulk infrastructure challenges are much more than the allocation that we’ve made to those municipalities, like the municipalities that you are mentioning. Unless we align both these grants it is still going to be a challenge for us, because no project will be approved unless we are certain, as a department, that there is bulk infrastructure. I think it is also an issue that the Minister spoke about. We are now having this discussion with the Department of Corporate Governance and Traditional Affairs. There is a special President’s Co-Ordinating Council(PCC) that was called by the President in order for us to talk about these alignments because we want to move to a situation where both these grants are aligned. I also want to thank hon member Walters for his insight and input in this. I think you’re quite correct, as I said now, that part of the reasons why we’ve spent so little is because of the fact that work has been done on the ground, but the municipalities are not claiming it in time. We’re seeing now that the municipalities are starting, after engaging with them, to process claims.

3140 FRIDAY, 3 DECEMBER 2010 That is why we are where we are in terms of the expenditure. Once again let me take the opportunity and thank the members of the standing committee for supporting the budget, and also the team that has been responsible for making sure that we are where we are. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9 — 2010]

(Debate on Vote 3 – Provincial Treasury) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, under the direction of Dr J C Stegmann, the Provincial Treasury Western Cape team continues to perform outstandingly in relation to its peers in other provinces. In the first six months of this financial year they have already achieved two great successes. In September the Auditor-General announced that the Province received a clean sweep of 25 unqualified audits. I would like to take this opportunity to thank Provincial Treasury and their staff for their exceptionally hard work, and for guiding our department towards these achievements. Mr Speaker, in the main Budget tabled in March, Vote 3: Provincial Treasury received R160,470million for the 2010-11 financial year. The Appropriation for the Adjusted Estimates was reduced by a total of R28,966 million for the current financial year to R131,504 million. As in previous years, Provincial Treasury’s spending has been conservative. The measures that were adopted in the 2009-10 financial year to reduce the expenditure of the department’s subprogrammes, had a positive carry through effect into the 2010-11 financial year. These lower than expected expenditure trends became evident in the first six months of this financial year as only 45 per cent of the adjusted appropriation was spent. The remaining 55% will be spent during the latter part of the 2010-11 financial year after the shifts of the Internal Audit function, Human Resource Services and Enterprise Risk Management have been taken into account. Traditionally, Provincial Treasury has tended to spend the largest portion of its annual allocation in the second part of each financial year when most publications and its main events take place. In the main, Vote 3’s budget reduction comes as a result of the modernisation programme. An amount of R3,287 million has been shifted to the Department of the Premier for Human Resources Management, R828 000 for Enterprise Risk Management and R20,851 million for the Internal Audit function. This has been done to achieve greater efficiencies. In line with the corporatisation process, as a technical adjustment, R68,909 million was shifted from nine of the provincial departments to Vote 1: Department of the Premier to account for the creation of a Corporate Services Centre (CSC).

FRIDAY, 3 DECEMBER 2010 3141 The corporatisation process has already resulted in accumulated savings of R18,7 million for the province. These funds were shifted to Vote 5:Education to fund the higher than anticipated wage settlements for the current year. This shift was made via Vote 3 as funds cannot legally be suspended from any Vote in the adjusted budget. A further R4 million of anticipated savings was shifted from Vote 3 to Vote 5: Education to be spent on the higher than anticipated housing allowance settlements. These savings were made as a result of slow movement on training projects and external audits, which will be refunded in the coming financial year as a matter of priority. Aside from these shifts to other departments, several shifts occurred between programmes. In Programme 1: Administration, a saving of R267 000 was made by delaying minor office refurbishment. The bulk of this saving, R200 000, will be utilised on a bursary programme for external graduates. The remainder was reallocated for compensation of employees due to the higher than expected wage settlement. In Programme 2: Sustainable Resource Management, R1,330 million was shifted internally to account for compensation of employees. A further R1,555 million was shifted from Programme 2 to Programme 3: Asset and Liabilities Management for costs related to transversal contracts and consultants that currently assist with financial systems. An amount of R224 000 was also reallocated from Programme 4: Financial Governance for the latter purpose. In total, R679 000 was shifted within Programme 4. The majority of this figure, R560 000, relates to compensation of employees due to the higher than anticipated wage settlements. The remainder, R119 000, was used on Goods and Services required for training of other provincial departments and municipalities. As is the case in most other departments, this year has presented the department with a great many challenges, the greatest of which was the unexpectedly higher wage settlements. At a time when budgets are being cut across the board in other provinces, Provincial Treasury has done well to retain its exceptional results with its relatively small budget. Mr Speaker, following those results I would also like to thank the department for the role that they play, specifically with offering their services to other provinces who have, over time, been coming to visit us to learn from some of the aspects where they have done very well. I welcome that. I think we need to do more of that, as Treasury plays an influential role in trying to improve the standards of financial management across the whole country. The role that we can play as a province we do with the greatest of pleasure. In closing I would like to say to Dr Stegmann and to all of those in the department, thank you very much for the support that you give to me and each of the departments. It is really appreciated. Nksz T N BEVU: Somlomo,mandiqale ndibulele uMphathiswa uWinde ngobukhokheli abubonakalisayo ngokuthi alandele isebe lakhe likwazi ukusinika eziziphumo sizifumanayo ukuba sifumane ukubangaba iNtshona Koloni ihamba phambili kumbandela wokuphathwa kwezemali.

3142 FRIDAY, 3 DECEMBER 2010 Mandibulelekwakhona iNtloko yeSebe lakhe ngokuthi benze umsebenzi oncomeka ngoluhlobo. Siyabona ke ukubangaba kwa amasebe onke alapha eNtshona Koloni ukubangaba niyazikhokhela kwaye niyakwazi ukuzibonisa indlela ekufuneka ziphathe ngayo imali. Sifuna ukubulela kakhulu thina kumsebenzi eniwenzayo. Siyacela into yokubangaba nibe ngathi niyacinezela kumsebenzi eniwenzayo ukwenzela into yokubangaba kwiminyaka elandelayo sifumanise into yokubangaba amasebe alapha onke afumana ingxelo yezemali ecocekileyo njengoko uMzantsi Afrika ufuna into yokubangaba amasebe alapha eMzantsi Afrika abe neengxelo zezemali ezicocekileyo ngo-2014. Siza kucela ke kuMphathiswa neNtloko yeSebe lakhe ukubangaba benze ngolohlobo. [Translation of isiXhosa paragraphs follows.] [Ms T N BEVU: Speaker, let me first thank Minister Winde for the leadership he has shown by following his department so that it can get the required results and we can see that the Western Cape is leading when it comes to handling finances. Let me again thank his Head of Department on doing this commendable job. We see that even all the departments of the Western Cape are leading themselves and they are able to show how to handle finances. We would like to thank them for a job well done. We would like to make a call that they should emphasise the job they are doing so that in the coming years we will see the departments of this province receive clean audits as South Africa requires that all the country’s departments receive clean audits in 2014. We would like the Minister and his Head of Department to ensure that this happens.] †The LEADER OF THE OPPOSITION: Mr Speaker, the ANC supports Vote 3. I think we’d also just like to use this opportunity to say that the stability of any province rests very squarely on the shoulders of how it’s finance department, or Treasury, runs. In many respects I probably worry about only one thing, and that is the R20 million that gets shifted for internal auditing from Treasury to the Premier’s department. Internal auditing, besides the centralisation and all of that, has gone through many hoops over a long period and it’s probably the one thing, alongside the Red Flag team, that best helps us to create financial stability, no corruption in the system and so on. I believe it moves with the people. That’s the one thing that we will be looking out for. When I arrived here in 1994 this department was essentially pale males. It’s the one department that over a long period has shown that with creating greater diversity – whether it’s bringing women into the department, using old expertise in the department, or bringing black people into the department – you are able to bring the best experiences to create the best programmes. I really want to commend you. I think under Dr Stegmann’s leadership – and it’s been a rough and pleasant ride for a couple of years – he’s been able to prove, and to show, that our strength is in our diversity. Our strength is in who we all are collectively; our strength is not in denying that we live in that world.

FRIDAY, 3 DECEMBER 2010 3143 How you translate budgets and how you make sure those budgets run in every single department, has reached its fruition within this department. Mr Speaker, as I said earlier, we’d like to thank the department. We know that over the many years they have mentored new recruits into an area where people could have gone and earned loads of money if they didn’t work in the public service. They have been able to mentor all those university students, they have given support to provinces across the country and they have taught them to be leaders and moral authorities within their field. It must be a department that gives us that sense of stability. Irrespective of who changes leadership, or political leadership, the department stays. †Mr EJ VON BRANDIS: Mr Speaker, one cannot talk about finance without including the effect of the financial crisis of the past two years. For many years the government enjoyed huge revenue collections on the back of the consumer and corporate spending boom which drove growth in property transfer duties and import duties. Tax collections increased by 4% to 27,8% in the 2007-8 financial year and the tax base broadened from 3,4 million registered private taxpayers in the 2003-4 financial year to 5,92 million in the 2009-10 financial year. With the recession VAT came in at 7,6% short of the budget estimate in the 2008-09 financial year. The 2009-10 VAT collection was worse, coming in at 13,2% short of target. These figures, coupled with the R6,5 billion unbudgeted spending increase due to the 3-week public servant’s strike, leaves one to assume that an increase in tax is pending for 2011. Exactly which avenue is to be used to increase the revenue through higher tax rates, remains to be seen. There is a broad agreement that it would not be in company tax, which accounts for 21% of total tax revenue as our company tax is still relatively high for a developing country. VAT, which accounts for a quarter of the total tax revenue, will most probably not be a target as there would be a huge resistance from Cosatu. With two of the largest contributors untouched, it leaves personal taxes, which is 35% of the single biggest source, as a viable option to increase government revenue. In layman’s terms, Mr Speaker, it is the loyal taxpayer who will hand over more. The total fuel levy, for instance, is already at 254c/l representing 31% of the total petrol price. It seems that national government is using little more than political rhetoric to fund the demands of a country resembling that of a wealthy state. The biggest drawback of the country’s tax is that it already equals 28% of South Africa’s GDP. Once tax goes over 25% of GDP there is disincentive for economic growth to take place. Mr Speaker, what government should do in these trying times, is to focus more on using its existing expenditure more effectively. The Western Cape economy contributes roughly 14,5% to South Africa’s GDP. The average income level of the Western Cape population is significantly higher than the national average and in this sense the province can be seen as relatively well-off. It is therefore welcoming to see that the provincial Own Receipts are projected to increase. It is to be welcomed that the Western Cape Provincial Treasury indicated that R6 billion from unallocated Policy Priority Reserve should be targeted towards youth unemployment over the Medium Term Expenditure Framework and that revenue from motor vehicle licence fees are expected to increase in 2011.

3144 FRIDAY, 3 DECEMBER 2010 It is important, Mr Speaker, to never lose sight of the reason why we sit in the House – it is to create opportunities in the Western Cape for all our people to prosper, to empower people to empower themselves through the effective allocation of resources. *Mr Speaker, I support the adjustment of this budget and I would also like to thank hon Minister Winde and Dr Stegmann and the officials for their good work and dedication. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I want to thank those hon members who have taken part in the debate. Hon Bevu, thank you very much for your support in this. You mentioned the hard work that goes into getting clean reports; that’s actually what the voters and the people of the country out there want to see. Obviously our task after getting a clean report is to increase that, to do better again, and not to regress; that’s going to be the real hard work. We have got to make sure that we continue. I thank you for your support in that. To the hon Leader of the Opposition, thank you very much for your support in this. You mentioned that you were concerned about the Internal Audit shift. One understands that generally, when shifts are made in government, the risk is perhaps some kind of instability. We’ve gone through a modernisation process. We’ve made a decision and we must now make sure that we work through that decision to put it in place, make sure it works well and then take it forward. Obviously that’s our job now going forward, to make sure that those shifts do actually start delivering better service to the people of this province. You also made mention about the department and the role that you played in the past in this government. You know exactly what it’s like to be in the seat that I’m sitting in at the moment because you have been here yourself. You did make mention of the fact that when you first got here the whole department was full of pale males; I agree with you. That is one area specifically that Treasury, under the leadership of Dr Stegmann, has really focused on. They have focused on skills, developing people and giving those people the space to actually prove their worth, to go out and lead and do what they’ve got to do with their specific programmes andthe roles that they play – not only between departments but in the province as a whole with regard to local governance. It must be commended; he does that exceptionally well and it has shown that the people in this Treasury have really taken that bit and run with it and they have, too, have shown us that they have done very well. To the chair of the standing committee, thank you very much. You spoke predominantly about taxes. We have to do more with less, and it is something that I have noted. That is one area that the Treasury is very good at, and that is negotiating with National Treasury and specifically with regard to doing more with less, making sure that we are efficient, making sure that we can achieve as much as possible with a diminishing budget in real terms. It’s very difficult and they do an outstanding job in balancing the books and in balancing that process in going forward. Obviously we will have to continue doing that because it’s not going to be a quick out of the hole with the economy. We are not going to see lots of extra money over time, as the chairperson said.

FRIDAY, 3 DECEMBER 2010 3145 We’ve seen in the past that at adjustments time you actually get lots of extra money, and you’ve got to have a look and see where you can spend it. It’s not getting that extra money now; it’s doing more with less. To the chairperson and to all the members of the standing committee, thank you very much for supporting this Vote. I appreciate it and thanks once again to Treasury for the role that you have been playing. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION [BILL 9—2010]

(Debate on Vote 12 – Economic Development and Tourism) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I’m not trying to hog the floor, I promise you! Mr Speaker, over the months the DA-led provincial government has made significant progress in defining its plans and policies for the next three years. On 8September this year we launched our first strategic objective which is our plan to create opportunities for growth and jobs for all citizens of this province. Although transversal, this objective is being led by the Department of Economic Development and Tourism. Staff members within the Department of Economic Development and Tourism have continued to show enormous strength of character in the face of the changes that the Strategic Objective 1 proposes and for that I wish to extend my sincere thanks to them. Their resilience is in no small part due to the excellent leadership and guidance that they have received from their new HOD, Mr Solly Fourie, who joined us in April this year. I see Mr Fourie sitting in the gallery at the moment. I think that he is more than welcome to come and join us in the box. Mr Speaker, in my budget Vote on 2March this year, I announced that an amount of R241,478 million had been set aside for this Vote for the financial year. As a result of the corporatisation of key functions to achieve greater efficiencies, R3,307 million of the department’s budget was shifted to the Department of the Premier for human resources management, and R627 000 was shifted to the Provincial Treasury for the enterprise risk management function. A total of R6,499 million has been reallocated between programmes. No monies were shifted away from Programmes 1, 3, 5 and 6. In total an amount of R4,249 million was shifted from Programme 2: IEDS, which was possible because of savings made as a result of late filling of posts and because of the strategic direction to hold off on the implementation of the Enterprise Development Fund. The majority of this amount will be utilised on large scale projects that will inspire growth in our province. An amount of R1,199 million has been moved to Programme 3: Trade and Sector Development to accommodate the costs associated with developing, firstly, the East City Design Precinct, secondly, the Saldanha Bay IDZ and, thirdly, the Cape Health Technology Park. These three key infrastructure priorities are key priorities of this provincial government. A further R2,5 million has been shifted from IEDS to Programme 5: Economic Planning.

3146 FRIDAY, 3 DECEMBER 2010 R1 million of this amount has been reallocated to provide for the establishment of the Economic Development Agency which will significantly boost investment into the province and the export of our goods to other countries after it has come into operation. Another R1 million has been allocated for the employment of a Chief Economist and Advisory Committee who will focus on economic research projects. This should result in savings because this function was previously outsourced. An amount of R500 000 will be utilised for monitoring and evaluation of projects. In total an amount of R2,250 million was shifted from Programme 4: Business Regulation and Governance. This was possible due to the late filling of posts and savings of R980 000 on advertising. The bulk of this, R1,704 million, was reallocated to cover the shortfall of costs related to the Auditor-General. A further R250 000 was shifted to Programme 5: Economic Planning to cover monitoring and evaluation projects on levels of awareness of the Office of the Consumer Protector’s activities. The remainder was shifted to the administration programme to account for the leave gratuity payout of an employee who left the public service. In addition to the above shifts between programmes, we have strengthened our expenditure on projects within the department. The bursary programme housed under Programme 1: Administration was supplemented by R216 000. In Programme 2: Integrated Economic Development Services, bursary funding amounting to R60000 was awarded to interns who wished to further their postgraduate studies. In programme 3: Trade and Sector Development transferred funding of R500 000 was awarded to the Western Cape Furniture initiative, R300000 to the Western Cape Fine Foods initiative and R260 000 to the South African Honey Bush Tea Association. A further amount of R350000 and R650000 was allocated to the Cape High Tea initiative and Calling the Cape respectively. Bursary funding amounting to R65 000 was awarded to interns who wished to further their postgraduate studies. The allocation to Cape Town Routes Unlimited from Programme 6: Tourism Arts and Entertainment was increased by R915000. This allocation includes funding for various events hosted in the province, including the Destination African conference and the TTC conference. Tourism Enterprise Development was supplemented by an additional allocation of R850 000. An infrastructure project aimed at boosting footfall at the southernmost tip of Africa was allocated a further R1 million which will be transferred to SAN Parks. The bursary programme managed by the tourism skills development unit was also increased by R779000. Lastly, sector development to the creative industries was strengthened through the allocation of R225 000 and R600 000 respectively to Cape Mike and the Cape Film Commission. Mr Speaker, we are intent on transforming the Western Cape economy into one that enables growth and delivers employment. The shifts that I have announced or outlined above are in main aimed at aligning the Department of Economic Development and Tourism’s budget with the strategic objective.

FRIDAY, 3 DECEMBER 2010 3147 I would like to thank the staff of the department for their commitment toward advancing this goal and for the hard work that they put into their planning each year as we go forward. I am sure that in the months and years to come the people of the Western Cape will feel the difference. Nksz T N BEVU: Somlomo, SiyiCongress of the People siyaluxhasa olu Hlengahlengiso loLwabiwo-mali lukaMphathiswa, kodwa ke sixhalisekile kukungaphangeli kolutsha kakhulu. Sinqwenela ukuba uMphathiswa aze neendlela zokubangaba uzakuyenza njani na into yokubangaba ulutsha lufumane imisebenzi. Kwakhona sixhalisekile ngolwakhiwo lwale arhente kuthethwa ngayo kuthiwa izakwakhiwa le sebe lakhe. Sinomdla wento yokubangaba izakusebenza ngaluphi na uhlobo. Sixhalisekile kwakhona nangendlela isebe lakhe ethi ixhase ngayo oosomashishini abasakhulayo. Sinomdla wokwazi nyani into yokubangaba, ingaba eli sebe liyenza ngoluphi na uhlobo. Ezi zizinto esizibonayo ukuba azenzeki kakuhle. Kwakhona sizakutsho sithi ke siyaluxhasa uHlengahelngiso loLwabiwo-mali, kodwa sifuna kujongwe ezizinto. [Translation of isiXhosa paragraphs follows.] [Ms T N BEVU: Speaker,we as the Congress of the People welcome this Appropriation Adjustment of the Minister, but we are deeply concerned by the high rate of unemployment among the youth. We would like the Minister to come up with the ways in which he outlines plans to ensure that the youth get employment opportunities. We are also concerned about the composition of this agency which will be created by his department. We are interested in how it is going to function. We are also concerned about the way in which his department supports the emerging business people. We are interested to know how this department is going to do this. These are the things which we see that are not properly done. Again we would like to say that we support this Appropriation Adjustment, but we would like these issues to be considered.] †The LEADER OF THE OPPOSITION: Mr Speaker, the ANC rises to support Vote 12. Again we acknowledge the role of the MEC and the officials, who have taken a very strange stance in the House of sitting in the gallery! [Interjections.]Officials should be seated in the box! I have to say that the big shift for me in this department is probably the shift between Votes, and again it’s the R3,3 million to Vote 1 for human resource management. The standing committee has asked for a pretty detailed plan and timeframe as to how this will happen. These are the things that create instability in a department. This department has a very small budget and over the previous MTEF it has already taken a cut. I know that that cut had to do with the liquor licensing issue, I think it was about R70 million. But the most important challenge for the department is that in a very difficult and unstable economy – whether it grows or increases or decreases over a period – where there is a high unemployment rate, and of course also the huge inequalities within our province, it has to usher and find a way to do a whole range of things.

3148 FRIDAY, 3 DECEMBER 2010 It has to grow the economy, sustain an environment that helps to build business, small and large, but also, importantly, it has to do with issues of unemployment. Even though in your main speech you said that jobs were the most important priority for this government, I was a bit surprised that very little was said about what needs to happen and what partnerships we need to create because a government does not create the jobs and so you not going to ever be able to do so on your own. In some respects I think it is probably something we must be interrogating in the standing committee, but for today it is really about the shifts. I have said this before,I feel those shifts are ill-conceived. The corporatisation is ill-conceived because that is what adjustments appropriation is – when you can’t make those decisions at the beginning of a budget period you make them at the end of a budget period in an Adjustments Appropriation. I often wonder when money and people shift whether anything will happen before the end of that budget period. I am hoping Minister that we will be able to have a closer look at it so that we will be able to see what kind of plan you do have in trying to create that difference. I am not speaking today about the Red Doors and I am not speaking about the SPVs, I am not speaking about any of those, because it doesn’t really affect the R3,9milliion ... [Inaudible.] †Mr EJ VON BRANDIS:Mr Deputy Speaker, the outlook for the Western Cape’s economy’s dominant services, trade and tourism industries, depends on the national as well as the local economic situation. Even though the global economic recovery continued to strengthen during the first quarter of 2010.it was faced with significant headwinds during the second quarter of 2010. The effect was felt in the domestic economy which continued to recover during the first quarter with growth recorded at 4,6%. It also shows a decline in the unemployment rate of 2,4%, down to 22%. This is lower than the national unemployment rate of 24%.It also bodes well for the province that business confidence remains higher than the national level. Mr Deputy Speaker, in order to achieve growth there is a need to increase productivity, performance and competitiveness. Productivity accelerates economic development which, in turn, improves the quality of life of people. Growing the Western Cape productivity levels will contribute towards the prosperity of the province making our companies more competitive in the global market. Workers’ productivity depends on their skills, the amount of capital invested in helping them to do their jobs and the pace of innovation, the process of generating ideas that lead to new products and more efficient business practices. Financial crisis can affect the pace of innovation both positively and negatively. Businesses tend to invest less on research and development during times of crisis, which decreases the pace of innovation. It can, however, have a positive effect in boosting the pace of efficiency gains. This is done as weak demand forces firms to rethink their products and cost structures.Productivity and competitiveness are concepts that are important in order to harness the energy that builds economies. Mr Deputy Speaker, the Global Competitiveness Report released in September 2010 by the World Economic Forum shows that South Africa is not making enough progress in translating its tremendous economic potential into improvement in the lives of ordinary South Africans.

FRIDAY, 3 DECEMBER 2010 3149 National policies have failed their positive outcomes for economic development and poverty alleviation. South Africa ranks at 116 out of 139 countries in the innovation category. The role of government when it comes to innovation should be quite different from one that most governments seem to favour. It should be more about free markets; it should be about creating the right conditions for bright ideas to emerge and less about empty promises. The establishment of the Western Cape Economic Development Agency, whose mandate entrenches a demand-led private sector driven approach to economic development, will support growth sectors, industries and businesses. Investment made into skills development as well as innovation promotion and development, will see the Western Cape picking the fruits of its labour. Mr Deputy Speaker, I support the Adjustment Estimates of Vote 12 and thank the Minister and his officials for their work and effort. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Deputy Speaker,I thank all of those who took part in the debates. Hon Bevu, thank you for your support. Once again, you have highlighted the youth sector, which is our core focus. We know that 75% of our unemployed fit into the youth sector of under the age of 35, and that is where we are focusing. We have to make sure that we make a difference in the lives of that sector of the unemployed. You spoke about focussing on the SMME area. That is also where the shift is moving towards.We have got to make sure that we take small businesses that are already employing one or two people and give them the space, by cutting red tape, and the opportunity to grow to employing three or four people, and those that are employing 10 people to grow to employing 20 people, because that is where we can really make a difference in the unemployment rates. Hon Bevu also spoke about the Economic Development Agency (EDA). I think the standing committee needs to get a presentation on the process. By the end of Januarythe mandating group that has been set up should have devised that mandate, and probably that is the right time to come to the standing committee, so you will be involved as the process evolves. In the new year one of the first standing committee meetings should be a report back on the progress of the tracking towards the formation of the EDA. The hon Leader of the Opposition, hon Brown, spoke about cuts. In fact, this department took the biggest cut. It is also a department going forward – that was last year. In this year it is a department that in the trough of a global economic downturn, everybody points to wanting to know what we are doing to fix it. [Interjections.] We have. That is why we are putting in place what we are putting place and you will see the difference over time. We have put strategies in place that will make a difference over time. †Mr M OZINSKY: A lower growth rate … [Inaudible.] That’s the difference. †The MINISTER: Mr Deputy Speaker, I actually already explained that yesterday. If the hon member didn’t hear it he can see me afterwards. I will explain it again.

3150 FRIDAY, 3 DECEMBER 2010 †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Send him the Hansard! [Interjections.] †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: But at the end of the day it is not a silver bullet at all. A very interesting article in Business Daylast week by Business Leadership South Africaspoke about job creation in South Africa, specifically following the launch of Minister Ebrahim Patel’s New Growth Path. Business Leadership South Africa says that if you really want to analyse where we want to go to, and the growth that we want to achieve and the number of jobs the President is saying we need to create, we in actual fact only need to do one thing, we need to treble our economy and then we will get there. It is a very interesting article. I think it would be a good idea if all of you who are involved in this committee read this article to see the kind of process that we should all be embarking on if we really want to achieve these goals. I want to thank the chairperson of the standing committee very much for participating in this debate. I also want to thank you for your leadership with regard to the committee. You spoke about the global, national and provincial economy. Primarily we are affected by the west. Let’s look at emerging markets. Everybody was quite surprised when they saw that we are looking at China and Brazil as models of how they achieved the growth rates that they did achieve compared to similar emerging market countries, and what they did.That is exactly the difference. As a region our core export markets are Europe, the Americas and the UK, which are flat-lining for the next three years. We need to focus on new markets. That is where you are going to see the agencies and this government trying to help business to focus in those new markets, whether they be Argentina and Brazil or whether they be China, India or up into Africa. Wherever those emerging market growths are taking place, we need to make sure that we play our role in those markets. A very interesting exercise is to have a look at the difference between India and Africa. India with 1,2 billion people has a growth rate of just over 9%, whilst Africa, also with a population of 1,2 billion people and a growth rate of 9,6%. If you look at Africa as a whole it has a higher growth rate than India. That is why we need to focus on those markets. [Interjections.] The honOzinsky just suddenly wakes up and picks up on something, but he obviously wasn’tlistening to the five sentences that I mentioned before this. He picks up on some “stompie” and then makes no relevant comment to this debate at all. [Interjections.] He didn’t listen to a word I was saying. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: Mr Deputy Speaker, I want to thank the chairperson of the standing committee for his input. I want to end off by thanking the Department of Economic Development for dealing with, as I said in the beginning, the difficulties of an economy in the bottom of a trough of a downturn. At the same time I would like to thank the HOD for his dedication and hard work. I know that throwing someone in from the private sector into government was maybe a bit difficult, but I thank him for sticking it out and showing leadership in the department.

FRIDAY, 3 DECEMBER 2010 3151 I also want to mention one other person in the department, and that is the CFO.When we received the audit outcomes for this province – and I said this in the standing committee and to the top management of Economic Development– we compared them to other provinces, national government and municipalities, and found that this department stands out against the rest of the country when it comes to governance. I think everybody is petrified of Mymoena, the CFO. She gives everybody a hard time, but she sticks to the rules and she makes sure that everybody operates according to the rules. I must congratulate her because the department was the top performing department in the country. She doggedly manages the accounts, much to the frustration of many people in the departmentbecause they all try and get things done as quickly as possible. We must try and find places where we need to deliver and not get stuck in mechanisms of reporting, but she really does outstandingly well. To SollyFourie and the rest of the team, thank you very much for all that you do. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 5 – Education) †The MINISTER OF EDUCATION: Mr Deputy Speaker, the aim of this Vote is to obtain the approval of the House for adjusting the education budget to accommodate new funding and for minor adjustments in line with normal budgetary procedures. In terms of this Vote the budget of the WCED will increase by R152,521 million to bring the adjusted budget for the year to R11,998 billion. The main highlights of this Adjustments Budget are the following: Firstly, improvements in conditions of service. The National and Provincial Treasuries have provided additional funds to cover salary increases of 7,5% and an increase in the housing allowance from R500 to R800 a month. I am sure I do not have to remind the House that this settlement arose out of the protracted public sector strike that took place earlier this year. The settlement reached at a national level gave rise to substantial financial implications. These have been dealt with in two parts. Firstly, National Treasury provided an additional R105,8 million for salary increases and R18,9 million to increase housing allowances. Secondly, the Provincial Treasury has moved funds to Education to cover the balance thanks to efficiency savings and the need to reallocate funds to meet requirements for service condition improvements. The second major item is modernisation. The WCED has moved R5,8 million to the Department of the Premier following the transfer of Internal Audit and Enterprise Risk Management as part of the modernisation project. Thirdly, other internal shifts are that this AdjustmentsBudget reflects some internal shifts to cover a shortfall of R194 million needed for salaries in the current financial year. The WCED went to extraordinary lengths to meet the shortfall needed to cover improvements in conditions of service awarded during the 2009-10 financial year, as well as the costs of Occupational Specific Dispensations (OSDs).

3152 FRIDAY, 3 DECEMBER 2010 In addition, the WCED has made some minor internal shifts to align the budget to expenditure categories. A number of proactive management strategies were put in place to ensure that the R194 million saving could be made. This was largely derived through ensuring greater efficiencies and, wherever possible, cutting on unnecessary expenditure such as business class travel and entertainment. Mr Deputy Speaker, sometimes we are lucky to have some biscuits, if nothing else, in the Ministry with our tea on special occasions! I would like to thank the department for making every effort to effect savings and efficiencies which have enabled us to do extraordinary things within the constraints of available resources. The fact that this Adjustments Budget is so straightforward reflects the commitment of the WCED to doing more with less, and the ability of our financial managers. I would also like to thank the Treasury and colleagues in Provincial Government for working with us as we ensure quality education and excellence in provincial government as a whole to the best of our ability. Finally, I would like to assure the House that in the context of a difficult financial environment, that the WCED is doing everything possible to ensure that we deliver on our overarching objectives of improving learner outcomes in the Western Cape. Our major interventions such as improving the quality of the province’s school infrastructure, increased testing, our enhanced literacy and numeracy strategy and the provision of text books remain well on track. †Ms PW CUPIDO: Mr Deputy Speaker, the education sector ranges across a wide spectrum, from Grade R, the reception year, to tertiary education. The Western Cape Education landscape is still influenced by serious factors such as student dropout, lack of access for poorer students to good schools and educational facilities, poverty in general, substance abuse and malnourishment. Another matter of concern is the fact that the Western Cape has a very low intake of Grade R learners. Only 40% of the learner population that enter formal school in Grade 1, are recorded as having attended Grade R. The long-term benefits of investing in Early Childhood Development, is an aspect which this government can consider worth marketing and budgeting for. It can only take education outcomes to a much higher level. Mr Deputy Speaker, the ACDP welcomes the R152,5 million Adjustments Appropriation increase. As the Minister has said, the biggest portion of this amount, R125 million, is prioritised to improve the conditions of service and housing allowance of employees, especially teachers. The ACDP trusts that this increase will result in a greater of accountability especially amongst out educators. Bearing in mind numerous challenges which still need to be addressed in education, I would like to thank the Minister and his department for a really challenging year behind us. A special word of thanks to the department who have devoted valuable time in assisting the standing committee with various pieces of legislation.I wish the Minister and his team a blessed and peaceful break. *Ms JA VAN ZYL: Mr Deputy Speaker, the adjustment of approximately R12 million, and in total R152,5 million, is welcomed, and also the DA’s serious approach to quality teaching in the Western Cape. Another positive contribution is that no amounts are being rolled over.

FRIDAY, 3 DECEMBER 2010 3153 The R30,2 million for Public Special School Education as well as R22,9 million for Early Childhood Development are welcomed and we trust that this will be put to good use as well. A cause of concern, however, is the transfer or R27,2 million between departments. The percentage of disbursements for the period April to September 2010 is another source of concern, being less than 50% in seven of the eight programmes. Only Programme 3: Independent Schools Subsidies reflects a 65,3% disbursement. The explanation there is not quite clear and the problems in the programmes are not explained adequately either. Mr Deputy Speaker, I certainly was the Minister’s greatest nightmare this year with the transportation of learners between Botrivier and their respective schools, but I believe those tenders have now reached their expiry dates and new tenders are being advertised with new contracts. We trust that the Minister will also addres that issue in the new tenders. We also thank the department for their contribution to this teaching. Cope supports this Adjustment Budget. †Ms CF BEERWINKEL: Mr Deputy Speaker, the ANC rises to support this Adjustments Budget of Vote 5. I would like to start off by thanking the MEC for his input and also supporting this R12 billion upward shift in this department’s Adjustments Budget. I have not prepared a speech. For the most part I’d like to speak from the heart and from my experience with this department over the year that I’ve spent with them. I might be new to this portfolio, but I’m certainly not new to the concept of education. Those who come from this field will know that, firstly, you never stop learning, secondly, the desire to impart knowledge never leaves you, and, thirdly, your passion for trying to make a difference and uplifting people remains an integral part of your character. It is against this background, Mr Deputy Speaker, that I want to thank the S-G and in particular, members of her staff, Mr Roos, Mr John Liners, Mr Archie Lewis, Mr Jakoet, Ms Lynne Coleridge, Ms Vosloo, and in particular, the latter two who assisted us greatly in understanding very technical legal opinions. I want to thank them for their assistance in making sense and understanding how this department works. It’s very easy to sit and read a book and try and acquaint yourself with what happens in a department, but it’s once you have the interaction with officials who patiently understand and explain to you that you then understand and may ask your questions of concern and understand what really is supposed to be done. Mr Deputy Speaker, while I’ve done one thing, I will not renege on my duty to address the other part of it. Everything isn’t always rosy in this department and, in some cases, understandably so. For one, education in this province is still very unequal. Pupils still have learning problems, and schools still have a problem with admission to schools of choice. We still are, in some ways, entrenching the class-system where kids do not come from a feeder area, as it is called, and are not allowed to enter schools.

3154 FRIDAY, 3 DECEMBER 2010 A library at each school is still a problem. If you want to make reading and writing our basis for the education of our kids, then there seems to be a contradiction in that reality. Transport of our pupils, as has been repeatedly raised in this House, still remains a problem, but we’ve been given the assurance by the MEC that new tenders will be written in a different way and that those contractors who renege on their promises will be taken to book immediately. Conditions of learning in a safe and secure environment at schools still remain a problem. Too many times this year we have heard, and seen, how the MEC has to rush off to resolve a very pertinent issue, an unavoidable, unforeseen incident that has occurred, but strangely we don’t see any of that sort of accommodation in the budget. Very unacceptable issues have sometimes arisen which does not bode well for an education system where it should be an environment of learning. Rural and farmschools still remain a problem; basic infrastructure is not what it should be across the board, across this province. And now, if I may, turn to the Adjustments Budget and how and where. I think I’ve understood where it occurs. In short, there have been four shifts from Vote 3, two for functionals and two shifts to Vote 3, one for audit purposes and one for this management – I’m assuming that that was the function that was shifted that way as well. ThenProgramme 2:Public Ordinary Schools. Of concern in this programme is the decrease in expenditure on professional services and human resource development. In Public Special Schools in Education, the adjustment is well accepted across all of the subprogrammes in that programme. In Programme 5: FET National Grant, most of that increase comes from the National Grant. In Programme 6:Aided Increases across all of the subprogrammes is welcomed. In Programme 7 under ECD, the increase in the Grade R allocation is also welcomed because that it the basics of all of our foundation for education. Programme 8: Auxiliary Services. Although this has been increased of concern is that there is no movement in the teacher training aspect of that programme. And then, finally, Mr Deputy Speaker, there was an addition to our Adjustments Budget where all the infrastructure projects were broken down in the different aspects, but what was of concern is that there are still too many programmes under retention where the budget still remains unspent in its totality. What is also of concern is that when you look at the start date of the project and the completion date of the project, whether it is the year 2011 or not, the budget remains the same. I do not see anything that has been allocated for unforeseen expenditure. However, there is one project that should have been completed in 2009, and I think it is Adrian Park, where that budget has increased in terms of that infrastructure. Generally, the additional amount that has been given to this department we will monitor that it gets spent wisely, and I trust that it will be done wisely. I really want to thank this department for assisting us all in trying to understand how this department works.

FRIDAY, 3 DECEMBER 2010 3155 What education should be in theprovince is not the easiest thing to handle and correct in a short time. It is something that we all need to play our relevant parts in to assist the roll-out of this budget, and to see to it that all our children get an equal opportunity for education and that they are all given an opportunity to access everything across the board equally. *Ms JL HARTNICK: Mr Deputy Speaker, the main aim of the Department of Education is to ensure that the best circumstances for learners are created to enable them to acquire the necessary knowledge, skills and values in order to be able to make a valuable contribution to the social and economic development of this province. Therefore, we welcome the additional R152,521 million. The construction of new schoolsand the erection of new classrooms will meet the needs of many of our learners. We have great appreciation for the R1,294 million being allocated for the transportation of learners, which is a great need in the platteland. The additional amount budgeted for buying text books and stationery canonly contribute to the success of many learners, and also the additional funds to improve reading andnumeracy skills of our learners. Mr Deputy Speaker,I would like to highlight the remuneration of educators, the additional funding for feeding schemes as well as the expansion of Early Childhood Development. We support this budget and we thank Minister Donald Grant for the honesty and transparency of his guidance in the Western Cape Department of Education. Special thanks and appreciation to the Chief Executive Officer, Ms Penny Vinjevold, and her officials who are available and willing to support the committee at all times, but also to give guidance to thousands of educators and about 1 million learners. Mr Deputy Speaker, finally I would like to thank all members of the standing committee for their contribution this year. †The MINISTER OF EDUCATION: Mr Deputy Speaker, I would like to thank all members of the House who participated in this debate. I would like to thank the ACDP, Cope and the ANC for their support of this budget. I have noted and taken notes and cognizance of the issues that have been raised for our future planning, but would like to say that this AdjustmentsBudget is just one of the parts of our overarching drive to improve learner outcomes. We have tried, as far as possible this year to use our available resources and we have done so by doing the following: ExpandedGrades 3, 6 and 9 testing to 247,000 learners in the province in this last year – an initiative which the Premier started in 2001 and was carried on in 2002; enhanced our literacy and numeracy strategy, which requires a lot more work, especially in terms of numeracy; a start has been made throughout the grades to provide, and distribute, textbooks and hopefully this will result in a dramatic improvement in learning outcomes; and finally, the school infrastructure programme. It is difficult under the circumstances because we’ve got a much increased budget and a lot of work still needs to be done.

3156 FRIDAY, 3 DECEMBER 2010 However, I must say there’s a big improvement in terms of the communication and management with Transport and Public Works, although we’ve got a long way to go to make sure that the programmes which we have are fully spent before the end of the financial year. Leadership training of our principals is also important. We’ve appointed 180 new principals during the course of this year through the new vacancy lists.We’ve increased the vacancy lists from two to seven to ensure there’s more continuity and support in our schools, and teacher training is also going to come under the focus. Mr Deputy Speaker, I noted the remarks regarding Grade R. We are rolling out that programme in line with national norms and standards. I wish we could do it quicker and I wish we had more budget but we have to work within the financial facilities which we have. We are going to be looking for greater cooperation with Social Development in terms of Early Child Development (EDC) so that there’s better synergy between ECD and Grade R in the Department of Education. There’s a big gap there. Ultimatelythe provision of quality education costs money and hence the need for the Adjustment requested. Mr Deputy Speaker, I would like to close by specifically thanking Superintendent-General,Penny Vinjevold, her team and the department, as well as our ministry team. The Superintendent-General has only been on board for just over a year and has made a huge difference to this department, and I’d really like to thank her and her team for what they’ve done. Mr Deputy Speaker, in closing I would like to say that we are under no illusion as to the hard work that lies ahead in 2011, no matter what the results are from 2010. Debate concluded. †The DEPUTY SPEAKER:I just want to make an announcement. The Rules meeting will take place immediately after this meeting. Lunch will be served at 13h00 in the Members’ Lounge. Thank you very much. The House adjourned at 11:51. ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS FRIDAY, 3 DECEMBER 2010 COMMITTEE REPORT The Speaker: Report of the Working Committee of the Standing Committee on Community Safety and the Standing Committee on Finance, Economic Development and 2010 World Cup on the investigation into the conversion of Toyota Quantum panel vans into taxis, dated 3 December 2010, as follows:

FRIDAY, 3 DECEMBER 2010 3157 1. INTRODUCTION The Standing Committee on Community Safety and the Standing Committee on Finance, Economic Development and 2010 World Cup established a working committee to investigate the illegal conversion of Toyota Quantum panel vans into passenger-carrying vehicles (taxis). The working committee consisted of the following members: Mr MGE Wiley (DA) (Chairperson) Mr EJ von Brandis (DA) Mr MC Walters (DA) Ms JL Hartnick (DA) Mr PC McKenzie (ANC) Ms KA Mqulwana (ANC) Ms TN Bevu (COPE) Alternates Ms C Labuschagne (DA) Mr JJ Visser (DA) Ms CF Beerwinkel (ANC) Ms V Hani (ANC) Mr M Ncedana (COPE) The Working Committee held public hearings on 8, 9, 10 and 15 March, as well as on 21 April, 12 May and 3 June 2010 on the matter. The working committee invited various stakeholders and role-players to testify at the public hearings on the subject of the conversion of panel vans into taxis. The 36 witnesses, in order of appearance, were:

1. Mr H de Beer, Chief Executive Officer (CEO): BDR Taxi Support Services 2. Mr MJ Gallant, Senior Manager: Traffic Law Administration, Western Cape

Department of Transport and Public Works 3. Mr MW Arendse, Manager: Traffic Law Administration, Western Cape

Department of Transport and Public Works 4. Mr Louis Fivaz, Managing Director: Clarendon Underwriters 5. Mr Walter Masike, Stinkwater & Eersterus Taxi Association 6. Mr Mandla Mata, Chairperson: Western Cape Taxi Alliance 7. Mr Vernon Billet, South African National Taxi Council (SANTACO) 8. Dr Johan van Zyl, CEO: Toyota South Africa 9. Mr Len van Gaevenitz, Vice-President: Vehicle Sales & Dealer Network,

Toyota South Africa 10. Mr Leslie Petersen, Owner: Petersen’s Taxi World CC 11. Mr Tom Gash, Consultant: Petersen’s Taxi World CC 12. Ms Susan Potgieter, General Manager: Commercial Crime, South African

Bank Risk Identification Committee (SABRIC) 13. Mr Marc Spaull, National Manager: Secured Lending, ABSA Vehicle &

Asset Finance 14. Mr Imtiaz Cassim, Head: Taxi Finance, WesBank 15. Mr Mike Dawson, Head of Products: SA Taxi Finance, and Leader:

Department of Transport Technical Workgroup on Taxi Conversions 16. Mr Bonisile Makubalo, Executive Director: SA Taxi Finance, and Director:

Corporate Affairs, SA Taxi Securisation

3158 FRIDAY, 3 DECEMBER 2010

17. Mr Dion Sione, Head of Vehicle Finance: Nedbank 18. Mr J Londt, General Manager: Road Accident Fund, Western Cape 19. Mr Willie Barnard, Manager: Quality Control, Angelo Kater Body Builders 20. Mr K Adamou, CEO: Angelo Kater Body Builders 21. Mr John Roberts, CEO: Climatic Technologies, Vehicle Body Builders, and

Technical Adviser: Taxi Recapitalisation (Retail Motor Industry) 22. Ms J Oldale, Retail Motor Industry 23. Mr Yanta, Owner and Taxi Operator 24. Mr Ross Kelly, Manager: Vehicle & Asset Finance, Standard Bank 25. Mr Moses Moeletsi, CEO: National Regulator for Compulsory

Specifications (NRCS) 26. Mr M Ndlovu, Legal Adviser, NCRS 27. Mr D Horn, Technician, NCRS 28. Dr Geoff Visser, CEO: Commercial Environment, South African Bureau of

Standards (SABS) 29. Mr G Kriek, General Manager: Transport, SABS 30. Mr Padiyachee, Manager: Sales & Marketing, SABS 31. Mr Johan Gouws, Manager: National Inspectorate of Vehicle Test

Stations, SABS 32. Mr X Mphalwa, Manager: Test Laboratorium Automotive Component,

SABS 33. Ms Kemantha Manilal, Acting Chief Director: Taxi Operations, National

Department of Transport (DoT) 34. Mr Z Thwala, Deputy Director-General: DoT 35. Mr G Mahlalela, Director-General: DoT 36. Mr J Cronin, Deputy Minister: National Ministry of Transport

The Working Committee, as an extension of the Western Cape Provincial Parliament (WCPP), used the powers, as provided for in the Western Cape Witnesses Act (Act 2 of 2006), to summons two officials of the National Department of Transport, i.e. Messrs Thwala and Mahlalela. 2. TERMS OF REFERENCE 3. In order to promote legitimate minibus taxi operations and to ensure the safety of commuters, the Standing Committee on Community Safety and the Standing Committee on Finance, Economic Development and 2010 World Cup held public hearings on the illegal conversion of Toyota Quantum panel vans into taxis, to establish whether –

2.1. the conversion of Toyota Quantum panel vans into taxis could be contributing to the high rates of accidents, fatalities and injuries involving minibus taxis in the province due to possible structural and other shortcomings as taxis;

2.2. the conversion of these panel vans to taxis is in fact legal; 2.3. motor vehicle dealers selling these panel vans are aware that they may be

converted to taxis and in some cases recommend companies which can convert them;

2.4. body builders converting these vehicles have the necessary approval for such conversions;

2.5. financial institutions financing the purchase and conversion of such vehicles are aware of the end purpose of the vehicles and complying with relevant regulations;

FRIDAY, 3 DECEMBER 2010 3159

2.6. short-term insurance companies in fact insure such converted vehicles; 2.7. the SABS approved the conversions, and if so, on what basis; and 2.8. licensing authorities in fact licensed some of these vehicles, and if so, on

what basis. The Standing Committees and their sub-committees have the investigative powers afforded by the Standing Rules of the Provincial Parliament, including the summonsing of witnesses and to hear evidence on the matter. 3. BACKGROUND In July 2009 the Sunday Times revealed that 4 000 converted Toyota Quantum panel vans were used to transport tourists during the soccer Confederations Cup in South Africa, even though the vehicles did not meet the government’s safety regulations. According to the National Minister of Transport about 1 070 illegally converted taxis were on South African roads. In terms of the standards and regulations set by the National Land Transport Transition Act (Act No. 22 of 2000), no vehicle that does not meet the legally required safety standards can operate as a taxi under the Taxi Recapitalisation Programme (TRP). The TRP aims to improve the safety of the 180 000 taxis that carry about 12 million people per day. The financiers (ABSA, Nedbank, Standard Bank, WesBank, SA Taxi Finance and Toyota Financial Services) have financed 973 converted Quantums since August 2007. However, when the TRP regulations came into force in August 2007 these vehicles were deemed illegal in terms of the government’s vehicle database, i.e. the Electronic National Transport Identification System (eNaTIS). The rest of the conversions were financed before August 2007 or paid for in cash. According to eNaTIS there were 4000 converted panel vans on the roads. Taxi owners bought the panel vans, which were R30 000 cheaper than the legal or unconverted Toyota Quantum taxi (Ses’fikile). The Ses’fikile was ready-built imported from Japan as a passenger vehicle. The illegal conversion of Toyota Quantum panel vans was raised in 2005 by Toyota SA, because of the risk of death or injury to the commuters and legal action against Toyota. 4. CONVERSIONS 4.1 The legalities of conversions In terms of the National Road Traffic Act (Act 93 of 1996), the conversion of commercial vehicles into passenger vehicles is permissible. When a vehicle is imported into South Africa or manufactured in South Africa it is given a unique ‘vehicle identification number’ (VIN) or chassis number, which is recorded on eNaTIS. The eNaTIS system is managed by the national Department of Transport. When an approved and registered vehicle ‘manufacturer, importer and builder’ (MIB) converts a panel van into a taxi, it must submit the converted vehicle to the National Regulator for Compulsory Specifications (NRCS) for approval against compulsory requirements. The MIB then applies for a new VIN for registration on eNaTIS, which will indicate that it is a passenger vehicle and not a panel van. It is believed that fraud slips in when the authorities do not check that the VINs are issued legitimately.

3160 FRIDAY, 3 DECEMBER 2010 The problem with the conversion of panel vans into taxis are that (a) the seats are fixed to the thin metal floor of the panel vans instead of onto the chassis, (b) windows are cut into the van which further weakens the structure and (c) there are no rear roll bars. The roof crumbles on impact and the seats rip loose, hurling the passengers to their death. The results are that –

(a) the vehicles are not insurable; (b) it possibly leads to more deaths and more serious injuries, even

contributing to the causes of the crashes; (c) it exposes the already over-indebted Road Accident Fund (RAF) to

potentially huge claims; (d) it has seat anchorage problems and lacks roll-over protection bars; and (e) converted vans show ‘horrendous shortcomings as passenger vehicles

with brake failure, loss of control at even reasonable speed and virtual disintegration on impact’.

4.2 Taxi Recapitalisation Programme (TRP) The aim of the TRP was to replace the aged taxi fleet over a seven-year period with new taxi vehicles (NTVs) that met the mandatory safety requirements as contained in the National Road Traffic Act, hereafter referred to as NRTA. The permits of these taxis were issued in terms of the National Land Transport Transition Act (Act 22 of 2000), hereafter referred to as NLTTA. The configuration of the NTV would be as follows, inclusive of the driver:

(a) 9-16 seater (b) 17-22 seater (c) 23-35 seater

It meant that panel vans converted into taxis prior to September 2006 were legal, but became illegal thereafter when the TRP came into being. The NTVs that were registered after 2006 had to have a valid operating license, as well as the following in terms of the TRP:

(a) A roof height of 1,5 m (short wheelbase) or 1,75 m (long wheelbase). (b) No fold-up or jockey seats. (c) Only one passenger next to the driver. (d) A glass partition that separates the driver from the passengers behind

him/her. (e) A seat width of 400 mm. (f) Yellow reflective markings on the side of the vehicle. (g) '100 km/h maximum' sticker at the rear of the vehicle. (h) Commercial steel radial tyres. (i) The vehicle manufacturer’s notice indicating the number of passengers

allowed. (j) The South African flag decal at the sides and rear of the vehicle. (k) The vehicle must be white in colour.

Different regulations apply to taxis that are used (a) for private purposes, (b) for carrying tourists and (c) as TRP taxis. For example, roll-over protection is required for TRP, but not for private and tourist purposes. Safety should be emphasised and not the use of the vehicles.

FRIDAY, 3 DECEMBER 2010 3161 The TRP does not apply to tour operating buses, even though they also carry passengers for reward. In addition, some taxis were modified before 2006, before the TRP became operational. There is a feeling in the taxi industry that the TRP should not be applied to all taxis operating after September 2006. These vehicles are also used, not for reward, but to carry tourists and private passengers. 4.3 Mass SABS ‘Regulation 232’ states that 68 kg is the average mass of the vehicle user, but it excludes the petrol and other mass add-ons, i.e. bullbars, sound systems, wrap-around bumpers and trailers. It has been found at the weighbridges that vehicles carrying the defined number of passengers are actually overloaded. The number of passengers permissible in a vehicle is reached by dividing the load capacity of the vehicle by 68 kg. If 90 kg is used as an average, then a taxi that is currently certified to carry 16 passengers will only be able to carry up to 12 passengers legally. Tests that were conducted found that the 68 kg per person regulation, which was used to determine the load of the passenger vehicle, was not realistic, because the average South African’s mass is 80-90 kg. It created rear axle /tyre overload, which leads to blown tyres and when this is combined with passenger or luggage overload, unbalanced trailers, poor tyres and speeding, accidents occur. Tests also found that the converted taxis did not have roll-over protection bars and that the seat anchorage was inadequate. In terms of the specifications, when the mass of the vehicle increased after the modification, a new tare had to be determined. This also applied to the tyre load ratings. 5. THE MANUFACTURER: TOYOTA 5.1 Dealing with conversions Toyota SA testified that they became aware of a process whereby people were converting panel vans into minibus taxis in 2005. They saw these vehicles on the streets and also in newspaper advertisements. The advertisements called on people to have their panel vans converted into minibuses. The seating capacity ranged from 16 to 18 to 22 and one of the advertisements even referred to 33 seats, if children were to be transported. Toyota informed their dealers not to participate in the conversion of panel vans into taxis, because it had the Ses’fikile, which was fully homologated as a TRP programme vehicle. In addition, the customers’ safety is put at risk and it could open Toyota to lawsuits. In the communication they stated that –

(a) panel vans converted to taxis, before registration of the vehicle, had homologation implications, i.e. seat belt anchoring points and seat mounting points;

(b) it was illegal to register a panel van as a taxi minibus; and (c) it was also illegal to install extra seats in a 14-seater bus.

In addition, the conversions were not tested by the South African Bureau of Standards (SABS) and if clients wanted to convert the panel vans, then Toyota SA would not be held liable or accountable and warranty claims would be affected.

3162 FRIDAY, 3 DECEMBER 2010 In May 2009 Toyota SA informed the SABS, NRCS and the (Dot) that it did not and would not issue ‘letters of authority’ (approval letters) for its patented panel van to be converted, because it is a commercial vehicle and designed to carry goods, not passengers. In October 2009 Toyota SA informed the DoT that it condemned, in the strongest possible terms, ‘the practice to modify Quantum panel vans into passenger-carrying minibus taxis’. It also informed its dealers and other role players like the SABS, NRCS and International Vehicle Identification Desk (IVID) that it was against the conversions. Vehicles that did not confirm to Toyota’s high safety standards were unacceptable, because the safety of the public was of primary concern. Some people made money out of these conversions. They included (a) the taxi industry by adding more seats to gain more income out of these vehicles, (b) the converters who saw it as a business opportunity and (c) the dealers who sold the panel vans to taxi operators for conversion to increase their sales. Toyota launched an investigation in January 2010 after fresh allegations surfaced that dealers sold panel vans for conversion. Dr Van Zyl (CEO) confirmed that Toyota Japan never issued a letter of confirmation (that is a certificate of homologation). He stressed the fact that it would never be issued, because the panel van was not designed as a passenger vehicle, but as a cargo-carrying vehicle. As such Toyota SA was not part of the nominated role players at the Minister and MEC (MinMec) presentation on the 23 February 2010 with regard to the reconversion of these converted taxis into ‘safe and legal’ taxis, in terms of the TRP. They did attend the meeting subsequently called by the Deputy Minister of Transport on the upgrading of these taxis. Toyota SA stated that tests had been done by a group of experts from the National Association of Automobile Manufacturers in South Africa (NAAMSA) and from the industry, confirming that these vehicles could be converted to TRP compliant taxis. He added that Toyota SA would support the process if the vehicles could be fixed according to TRP specifications, because it was clear that some of the taxi operators were not fully aware of the impact of their purchasing decision when they bought the vehicles. Toyota SA was of the view that the conversions were an illegal practice and should never have happened, but that these vehicles could be converted, so that they fully complied with the legally required safety standards. It believed that the customers had been inconvenienced and would therefore support the retrofit which the Minister of Transport announced. 5.2 The panel van and the legal taxi (Ses’fikile) The engines of the panel van and Ses'fikile are the same, but the biggest issues are the body rigidity and the floor plan. The floor of the panel van is not designed to fit seats, because there are no anchor points for the seats. The CEO admitted that it was difficult to judge whether the floor rails, as part of the TRP retrofit, would be sufficient to make the vehicles TRP compliant. It would have to be evaluated by Toyota’s engineers, which would allow Toyota SA to provide an informed answer. Toyota SA will also request the tests done by the SABS, so that Toyota can do it themselves.

FRIDAY, 3 DECEMBER 2010 3163 It will not send vehicles to Japan for testing, because the capability is available in South Africa to test for the seat anchor points and for the seat. The Toyota Quantum panel vans do not have support beams in the chassis for seat mounting points and are therefore not structurally sound enough to house seats. In the converted panel van the seats are bolted into the thin floor and seatbelts are attached to the seat, because there are no seatbelt anchoring points in the panel van. In an accident the seats are ripped out of the floor with the passengers still attached to the seats. This leads to severe injuries, even death. In addition, there is no structural support for the roof in the event of roll-overs, which can also increase injuries and death. Some makes of vehicles have been successfully converted and are deemed safe and legal. The standards are set, tested and controlled by the South African Bureau of Standards (SABS), in terms of legislation. These standards are then enforced by the NRCS. When MIBs convert vehicles, it must be done in terms of the standards or compulsory specifications. Once these standards are met, a compliance (homologation) certificate is issued by the NRCS. The MIB then applies for a new eNaTIS number, which identifies the converted panel van as a passenger-carrying taxi. 5.3 Toyota investigation Toyota agreed to submit a copy of its investigation into this matter to the committee so as to assure the Western Cape Provincial Parliament that Toyota has done everything in its power to address the problem. It is of the view that the people that transgressed the laws must be prosecuted and that the investigation of the DoT should continue. The CEO indicated that Toyota SA was prepared to launch a forensic audit with regard to all its dealerships of all its transactions over the last 5 years in panel vans to find out how they approved these financial transactions. 5.4 Conflict of Interest Dr Van Zyl is not only the CEO of Toyota SA, but also the chairperson of Toyota Financial Services (TFS) in South Africa. Toyota SA, Toyota Financial Services Europe and Wesbank each have a 33% stake in TFS, which financed 419 of the converted vehicles. Dr Van Zyl stated that it was not a conflict of interest when vehicles of Toyota SA or Toyota Japan were financed by Toyota Finance, because they had not been profiting from these illegally converted vehicles. He stated that Toyota SA would not benefit if the retrofit was not condoned, because then it would have to take back these taxis or panel vans and refund the buyers. The vehicles would then go back to the Toyota dealers, who are independent businesses. It meant that Toyota SA would not gain financially, because Toyota SA would then have to supply new ones.

3164 FRIDAY, 3 DECEMBER 2010 Dr Van Zyl stated that Toyota SA gave the Committee the assurance that–

they would make their resources available to ensure that these vehicles do become compliant;

any person from Toyota’s side that participated in this illegal activity should be prosecuted; and

from a corporate governance point of view, this matter was a very high priority for Toyota SA, because it dealt with customer safety and the Toyota brand.

He emphasised the fact that the Road Transport Act and the process of monitoring, checking and policing were not with Toyota, but with the State. 6. THE ROLE PLAYERS 6.1 South African Banking Risk Information Centre (SABRIC) SABRIC is a Section 21 company and was formed and is funded by the banking industry to support them in their fight against crime. The company collates crime risk information, i.e. the analysis of crime, the collation and analysis of information and the provision of risk management products to the banking industry. SABRIC also represents the industry with regard to all matters of crime and in that regard enters into beneficial public private partnerships to assist the industry. It also provides a structure for collaboration on crime issues and hosts various work groups to find solutions to crime problems and to mitigate the risk. SABRIC was informed by the IVID of the registration of panel vans as taxis. This put the taxi book, valued at R40 billion, of the financiers, i.e. the commercial banks and Taxi SA Finance, at risk. This information was conveyed to the banking industry by SABRIC. It merely conveys information, but it is the banks that have to act on that information. 6.2 Short-term insurers Mr Louis Fivaz, the managing director of Clarendon Transport Underwriters (CTU), which is the leading insurer of taxis, testified that they had unknowingly insured converted panel vans. He stated that the owner would be indemnified if the cause of an accident was not related to the conversion, but where the conversion did play a role, the possibility existed that the claim might not be met. He added that claims by passengers might also not be met, because the conversions were not approved by Toyota SA. 6.3 The Finance Houses It was found that some financiers financed the Quantum panel van above the retail price and added extras to profit from the taxi operators. The selling price of a Quantum was R204 500 (VAT included) in 2007, but sold for R215 800. The total selling price was R280 313 when the extras were included, i.e. mag wheels, towbar, bullbar and sidesteps, as well as a service and handling fee. In addition, SA Taxi Finance charged a sourcing fee of R4 500.

FRIDAY, 3 DECEMBER 2010 3165 SA Taxi Finance is not a bank, but a management company that manages the contracts on behalf of SA Taxi Securitisation, which is the vehicle that raises funds for lending purposes. Complaints were lodged with the National Credit Regulator (NCR), because SA Taxi Finance–

introduced hidden costs;

did not explain the contracts to the clients; and

did not properly assess the ability of the borrower to repay the loan, i.e. reckless lending.

SA Taxi Finance was of the view that it was not a ‘vehicle finance business’, but a Small, Medium and Micro Enterprises (SMME) finance business, as the taxi operator was not a consumer, but a business. As such the Credit Act should be differently interpreted when it deals with lending to the taxi industry. SA Taxi Finance treated the taxi industry as a business and a taxi operator as an entrepreneur, which meant that the credit assessment on an application would look at the profitability of the business. Thus, unlike banks that looked at the operator’s other sources of income, SA Taxi Finance looked at the profitability of the route, at the fact that the taxi operator is a member of a taxi association, that the operator has an operating licence and that the vehicle is accredited in terms of the TRP. In addition, short-term insurance, the vehicle tracking system and passenger liability cover are also screened. This is unlike the normal personal loans where the financier looks at the applicant’s other sources of income. 6.4 National Department of Transport (DoT) 6.4.1The officials Mr Mahlalela, the Director-General, testified that the DoT was aware of the problem of converted taxis and was in the process of reconverting or retrofitting the vehicles to make them TRP-compliant. Even though the conversions were illegal, it would create chaos and economic hardship for taxi operators if these vehicles were taken off the road. According to the DoT there are 2 353 panel vans that have been illegally converted to passenger-carrying vehicles. These vehicles bypassed the regulatory processes that aimed to ensure that the safety standards of the TRP were met. The DoT established a working group that consisted of all the stakeholders and has identified TFM, a MIB, to retrofit the illegal taxis. The owners would have six months, from 1 April to 30 September 2010, to upgrade, whereafter vehicles would be impounded. In the meanwhile fraud and corruption are being investigated with the eNaTIS documentation system and the licensing of illegal taxis. Mr Mahlalela testified that they only acted on the practice of illegal conversions in August 2009, when it became a public concern, even though the matter had been in the public domain since 2005. He added that he only came into office in June 2009 and that he could not comment on the inaction of his predecessors. His response to the DoT's reacting in August 2009 to a ‘public outcry’ as opposed to the ‘mission statement of the Department’ was that they responded to the matter as soon as possible. He stated that according to the DoT’s reports ‘not a single accident has been caused by these converted panel vans’.

3166 FRIDAY, 3 DECEMBER 2010 The conversions do not cause accidents, but may increase the chances of fatalities owing to structural shortcomings. Even though Mr Thwala, the Deputy Director-General for Traffic Safety, recommended on December 2009 that the DoT should remove the converted panel vans from the roads, the DoT did not execute it, because it was not an official position of the Department. Mr Thwala also testified that he did not attend certain departmental meetings, but subsequent documentation indicated that he not only attended, but also made presentations at these meetings. Mr Mahlalela indicated that he would take up this misrepresentation with Mr Thwala. The DoT agreed that the converted panel vans were illegal, but they requested the provincial traffic departments not to act against the taxi operators, because they were working on a solution that would meet the needs of the operators and the commuters. The illegal vehicles complied with the relevant brake testing, tilt testing and roll-over protection, but failed the seat and seatbelt anchorage requirement of the TRP. Floor rails would be inserted in the vehicle to which the seats would be attached. 6.4.2 The Deputy Minister of Transport Mr J Cronin, the Deputy Minister of Transport, testified that the Berne and TRIPS Conventions with regard to the patent rights of the manufacturer were only applicable to new vehicles. It was not applicable to the converted panel vans, which were second-hand vehicles. In addition, the government had agreements with the manufacturers to alter the design of the vehicle, for example adding or taking away seats to make the vehicles TRP compliant. He disagreed with the testimony of the Western Cape DTPW that the DoT instructed the provinces on how to deal with the illegal taxis, because traffic enforcement was a provincial competency. He was, however, in agreement that the financiers did not adhere to the National Consumer Act in that the consumers, i.e. the taxi operators, were in a precarious position. Most of the illegal taxis were not in private hands, but on the books of the financiers. The Deputy Minister agreed that the issue of the 68kg/person should be taken up, because operators overload to boost their profits. He said that these overloaded taxis compromised the safety of commuters. 6.4.3 Retrofitment of taxis The upgrade costs of illegal taxis would be R18 718 for the high roof Quantum and R18 118 for the low roof Quantum. According to the DoT Workgroup there were 2 353 illegally converted taxis – 1592 owned by the financing houses and 791 privately owned.

FRIDAY, 3 DECEMBER 2010 3167 FINANCE HOUSE NO. OF ILLEGAL TAXIS

1. ABSA 123

2. Nedbank & MFC 139

3. Standard Bank 248

4. WesBank 149

5. SA Taxi Finance 484

6. Toyota Finance 419

7. Privately owned 791

TOTAL 2 353

The NRCS was tasked to define the minimum specifications to render a converted panel van TRP compliant. The additional safety requirements that all TRP vehicles had to comply with are–

(a) the type II brake test; (b) the 28˚ tilt test; (c) the seat belt test; (d) the installation of seat belts; and (e) roll-over protection.

The minimum roof height of 1,5m was exempted by the National Minister of Transport, because it does not relate to the safety of the vehicle.

6.4.4 Funding of the Retrofit Mr Cassim, who testified on behalf of WesBank, stated that they unknowingly financed only 95 of these 2 353 vehicles. ABSA stated that they financed two. However, the DoT Working Group’s finding differed. The banks will deal with it on a case by case basis once they received a list from the Department of Transport of the converted taxis. The owners who funded the conversions in cash have to pay for the retrofit themselves. SA Taxi Finance committed R20 million to fund the retrofit of the 484 taxis on its books. The retrofit will make the taxis TRP compliant. It has also financed the safety testing and auditing of the affected taxis. It stated that a technical team divided the retrofit into the following phases:

(a) Establishing minimum standards; (b) Testing phase; (c) Re-engineering phase; (d) Homologation; (e) DoT approval; and (f) Recall phase

7. FINDINGS 7.1 The illegal Toyota Quantum conversions contributed to accidents in that the

vehicles were unstable, exceeded the rear axle load and led to increased tyre bursts.

7.2 The accidents are also more serious and fatal in that the seats are not securely anchored to the vehicle and tear loose.

3168 FRIDAY, 3 DECEMBER 2010 7.3 Taxi operators were in some cases unaware that they bought converted

panel vans, while in other cases they knowingly participated in the illegal conversions.

7.4 Some of the finance houses financed the panel vans with added extras like seats, bullbars, sidesteps and mag wheels, which indicated that they knew they would be used as taxis.

7.5 Banks and finance houses, despite having been warned by their own strategic intelligence report in 2005, failed to exercise duty of care and continued to lend money, in the knowledge that their clients were unsophisticated and unlikely to hold the institutions to account. When confronted by clients alleging misrepresentation they resorted to strong-arm tactics, repossessing the vehicles and putting them back on the market.

7.6 Some of the dealers knowingly sold the panel vans with the panel van eNaTIS number as taxis, and even recommended to the client which converters would install seats. This cost was often built into the overall finance package.

7.7 The insurance companies provided cover, but may have been unaware that the vehicles were converted panel vans, which meant that the claims would be contested if an accident could be ascribed to the conversion.

7.7 The Western Cape Department of Transport and Public Works licenced the vehicles as taxis, because they did not receive adequate information from the DoT and in some cases were told to continue allowing illegal taxis in the interim until a solution was found to the problem.

7.8 The SABS approved the conversions, because regular inspections of MIBs were not executed by the SABS, as per the regulations.

7.9 The NRCS issued homologation certificates for converted panel vans, because these second hand vehicles did not require letters of authority from Toyota Japan.

7.10 State agencies like the SABS, NRCS and the DoT, as well as other role players like the MIBs and financiers were aware of the situation, but failed to act timeously as required by law.

7.11 Toyota SA has known about the situation since 2005, but did little to protect its brand and patent design, as well as to ensure the safety of commuters against the illegal conversions.

7.12 The safety aspects of public transport need to be revisited, e.g. the 68kg/passenger mass, which is not realistic in South Africa.

7.13 Fraud and corruption took place in the awarding of eNaTIS numbers, homologation certificates and the financing of these vehicles.

7.14 Mr Thwala misled the committee whilst under oath. 7.15 The DoT only acted on the illegal practice of conversions in August 2009,

when it became of public concern. 7.16 The tests that were done on the converted vehicles by the working group

dealing with the retrofitment were static tests and not the required dynamic and collision tests. This was a serious oversight, because collision vulnerability was a prime concern.

7.17 The enforcement of traffic laws is a provincial competence and therefore the provinces could have impounded the illegal taxis, even though the DoT advised otherwise.

7.18 Only 12 of the 2353 illegal taxis were upgraded in the first three months of the six months grace period.

7.19 The timeframe and process to legalise (or retrofit) the illegal taxis are unrealistic.

FRIDAY, 3 DECEMBER 2010 3169 8. RECOMMENDATIONS The Working Group wishes to make the following recommendations: 8.1 The alleged instances of fraud and corruption in the processing and

managing of the vehicle loans, the conversion and licencing of these vehicles and the policing of the same must be reported to the authorities for further investigation.

8.2 The 68kg/passenger mass applied to passengers is inadequate and should be revisited.

8.3 The TRP should be applied to all ‘passenger-carrying vehicles for reward’. 8.4 The TRP should be strictly applied in the taxi industry. 8.5 The controls, policies and systems of the DoT, SABS and NRCS should

urgently be reviewed. 8.6 The financing of the TRP taxis specifically and public transport vehicles in

general should be more transparent and in line with the National Credit Act. 8.7 The role of Toyota SA should be investigated to establish whether it

benefited financially from the conversion of patented Quantum panel vans into taxis. It must be established if Toyota SA colluded with any role-players in this matter and if they actively aided the sale of these vehicles for the purpose of conversion by, for example, putting more powerful engines into the panel vans.

8.8 The DoT must provide an explanation to the WCPP as to how it can justify permitting these converted vehicles to continue trading, despite having deemed them ‘illegal’.

8.9 Mr Thwala, DDG of DoT should be prosecuted for perjury and contempt. 8.10 The DoT should ensure that the retrofitment of the illegal taxis be completed

by 30 September 2010. 9. ACKNOWLEDGEMENT The Working committee wishes to thank all the role-players, stakeholders and members of the public who attended the public hearings. A special note of appreciation is extended to those who made submissions – both those from Cape Town and especially those people who came from Gauteng. 10. CONCLUSION The taxi industry plays an important role in the economy of South Africa in that it transports hundreds of thousands of commuters every day and therefore it has to be safe and reliable. 11. ABBREVIATIONS & ACRONYMS ABSA - Amalgamated Bank of South Africa ANC - African National Congress CC - closed corporation CEO - chief executive officer COPE - Congress of the People DA - Democratic Alliance DoT - (National) Department of Transport DDG - deputy director-general DG - director-general

3170 FRIDAY, 3 DECEMBER 2010 DTPW - Department of Transport and Public Works eNaTIS - electronic National Transport Identification System kg - kilogram IVID - International Vehicle Identification Desk MIB - manufacturer, importer and builder MinMec - Minister and Member of the Executive Committee NAAMSA - National Association of Automobile Manufacturers in South Africa NLTTA - National Land Transitional Transport Act NRCS - National Regulator for Compulsory Specifications NRTA - National Road Traffic Act NTV - new transport vehicle RAF - Road Accident Fund SA - South Africa SABRIC - South African Bank Risk Identification Committee SABS - South African Bureau of Standards SANTACO - South African National Taxi Council TRIPS - Trade-related Aspects of Intellectual Property Rights TRP - taxi recapitalisation programme VIN - vehicle identification number WCPP - Western Cape Provincial Parliament Report to be considered.

MONDAY, 6 DECEMBER 2010 3171

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 14:15. The Deputy Speaker took the Chair and read the prayer. ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS—see p .

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [ B9—2010 ]

(Debate on Vote 14 – Local Government) †The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Deputy Speaker, I’m pleased to speak to the Adjustments Budget for the 2010-11 financial year. My department has undergone some positive changes in the past year and the Adjustments Budget reflects this. In the past year the Department of Local Government has created and filled many new posts. We have funded this from funding previously allocated to consultancy because we believe that it is important that the department should build its own capacity to directly support municipalities. As the new posts have been filled over the course of the year, there are some savings that we are using for once-off projects. We are improving our Provincial Disaster Management Centre by upgrading the IT infrastructure. This will ensure that we can access and display information from other stakeholders such as CapeNature and the South African Weather Service, which will ensure a better co-ordinated multi-agency preparation for, and response to, disasters. Mr Deputy Speaker, as you know we have launched a new Strategic Objective 10 and central to this is the Thusong Programme. We are already allocating funds to the Thusong Extension Programme which will see CDWs travelling to outlying rural towns with no Thusong centres. We will be purchasing vehicles for them to travel to these areas. Under Details of adjustments to the Estimates of Provincial Expenditure 2010: Programme 2, we have the roll-over of R336 000 for the CDW operational grant. Programme 2 – Local Government, R1,107 million allocated to fund the higher than expected salary and related increases with effect from 1 July 2010. Then under Shifting of Funds between Votes: Programme 1 – Administration, R4,178 million, this is R3,699 million shifted from Vote 8 for the splitting of ex-Department of Local Government and Housing function and R479 000 shifted from Vote 3 for Human Resource Management. Programme 2 – Local governance, R793 000 shifted from Vote 1 for the matching and placing of the staff members. Mr Deputy Speaker, the department is implementing a new establishment whereby it is creating its own capacity to support municipalities. The saving under consultants will be used in the 2010-11 financial year to set up the necessary infrastructure to assist the delivery on the department’s mandate in the future.

3172 MONDAY, 6 DECEMBER 2010 An amount of R2 million was also allocated as a one-off upgrade of the IT infrastructure at the disaster management centre. A one-off allocation of R2,050 million was made available to purchase additional vehicles for the department and the refreshing of the IT hardware to migrate to MS Office 2010. The vehicles will be used for the Thusong Centres Outreach Programme. Funding becomes available from the shift of utilising consultants and other efficiency measures implemented. Mr Deputy Speaker, I now want to refer to compensation of employees. Funding in the amount of R4,5 million was also shifted from consultants to implement Phase 1 of the new establishment for disaster management and capacity-building. Payment for financial assets: An amount of R400 000 was allocated to make provision for the write-off of losses that occurred through mostly motor vehicle accidents. In the case of transfers and subsidies, an amount of R1 million was allocated towards shared services in the West Coast district. A further R893 000 was shifted from Goods and Services derived from efficiencies to make provision for operational support to NGOs managing the Thusong Centres unfunded function shift from the Department of Social Services. Mnu M NCEDANA: Somlomo ndiyabulela kakhulu. Into yokuqala Somlomo esikhathazayo siyiCOPE kukuthi kubonakale into yokubana amasebe ayaqhubekeka nokungayisebenzisi yonke imali ethe yabe ibihlahlelwe wona. Umzekelo eli sebe linemali engangezigidi ezingamakhulu amabini okanye ezimbini ezivisayo engazisebenzisanga nezithe zabe zakhutshelwa komye unyaka. Le nto ke Somlomo siyiCOPE ukuqala kwethu ukufika apha sathi sinqwenela into yokubana amasebe ze athi xa esebenzisa loo mali ayinikiweyo aqinisekise into yokubana ziyisebenzisa yonke. Akumnandanga ukubona into yokokuba kukho imali engasetyenziswanga kwaye abantu bakuthi, oomaspala besokola ukukwazi ukusa iinkonzo ngakumbi abamaspala baxhomekeke kwinkxasomali ephuma kurhulumente wephondo norhulumente kazwelonke. Okwesibini kukuthi indima le idebene nokuzaliswa kwezithuba zengqesho amasebe onke kuyabonakala into yokokubana anobunzima anabo. Besinokunqwena ke mhlawumbi into yokokuba sive into yokokuba uMphathiswa esixelela ukuba uza kwenza ntoni ngaloo nto.] [Translation of isiXhosa paragraphs follows.] [Mr M NCEDANA: Speaker, thank you very much. Speaker, the first thing which worries us as Cope is to see that departments continue underspending the money budgeted for them. For example, this department has about two hundred million which it did not spend until it was transferred to another year. Speaker, when we first came here as Cope we said we would like to see the departments spend all the money they were given. It is not nice to see that there was money which was not spent and our people and municipalities are struggling to deliver services, especially those municipalities depending on funding from the provincial and national governments. Secondly, regarding this issue of filling employment vacancies, it is clear that departments are struggling to deal with it. We would have liked to hear the Minister telling us what he is going to do about it.]

MONDAY, 6 DECEMBER 2010 3173 †The DEPUTY SPEAKER: Order! There is a point of order. †Mr P UYS: Mr Deputy Speaker, on a point of order: On which channel is the translation? The DEPUTY SPEAKER: Order! Mr P UYS: We can hear, but we cannot understand what is being said; there is no translation. †The DEPUTY SPEAKER: Mr Nkabinde is busy with that right now. [Interjections.] Order! Mr Nkabinde is busy with that now. [Interjections.] Order! Khawuthethe siphinde sive ukuba ayikalungi, ohloniphekileyo Ncedana. [Speak again, hon Ncedana, because we did not hear you.] Mnu M NCEDANA: Bendisithi ke Somlomo ingqesho ... [Mr M NCEDANA: Speaker, I was saying employment ...] †The DEPUTY SPEAKER: I just want to check if it’s … Mnu M NCEDANA: Kuyabonakala, Somlomo into yokuba onke amasebe apha kwingqesho ayasilela. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: Speaker, it is clear that all the departments are lagging behind when it comes to employment.] The DEPUTY SPEAKER: Order! Mnu M NCEDANA: Ndifana noMziyoni ndis’ke ndibesemoyeni xana ndithetha ngoku uyandiphazamisa wena. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: I am like a Zionist because I become spiritual when I am speaking and now you are disturbing me.] †The DEPUTY SPEAKER: Order! Mr Ncedana, you may proceed. Just check Channel 2. Mnu M NCEDANA: Somlomo, bendithi ke kwelo candelo lezengqesho kuyabonakala into yokokuba onke amasebe anokusilela ekuvaleni izithuba ezikhoyo. Le nto inokwenza nento yokuba ke ngoku ukusetyenziswa kwemali ethe yabe inikezwa elo sebe ibe nokusilela, ngoba isakhono asikho ngokwaneleyo. Nangona ke sisitsho ke Somlomo, le ngxaki yingxaki ekhoyo. Sinomqweno into yokokubana isebe libe nokuthi liyithabathele ingqalelo namanyathelo aza kubheka phambili. [Translation of isiXhosa paragraphs follows.] [Mr M NCEDANA: Speaker, I was saying that when it comes to employment it is clear that departments are lacking in terms of filling the availabele vacancies.

3174 MONDAY, 6 DECEMBER 2010 This has something to do with the underspending of the money which was made available to the department and there is also a shortage of skills. Speaker, althought we are raising this, it is an existing problem. We would like to see the department take this into consideration and take steps to move forward.] †In the end the people who suffer the consequences of the underspending or the roll-over are the people who need these services. I think the department must work towards improving this situation. We have seen a bit of improvement, but I think we would like to see more because the people, particularly in the rural municipalities, suffer the most. †Mr P UYS: Mr Deputy Speaker, I want to say to the MEC that the increase in funding of R10 million is important. When we look the budget at the beginning of the year there was also a substantial increase to Local Government of up to R113 million. The Administration increase is R5,7 million, and an amount of R11,4 million is going to the compensation of employees. Mr Deputy Speaker, I would like to refer to some of the issues that I believe are very relevant in the Adjustment Estimates. In that regard I firstly want to refer to infrastructure. I think the administration and implementation of the Municipal Infrastructure Grant (MIG) funding now being transferred to the Department of Local Government is a very positive step. But with that, of course, there are major challenges as well. Perhaps the MEC can tell us how proper co-ordination between the department – especially with housing on the one side – and Local Government and municipalities will be done and coordinated. There’s also a lack of reference to the water crisis that we have and how our infrastructure and water will be linked to each other to help alleviate the major problems that we have in this regard. When it comes to infrastructure, it seems as if we will not be able to carry on in the way we are carrying on at this stage. We would like to hear from the Minister whether there are new initiatives to access funding for infrastructure. Reference was made in the Adjustment Estimates that consultants will be reduced, but at the same time money will be shifted to other areas. That makes me wonder how the consultants will then be funded, because just recently the department advertised for consultants to help with regard to strategic leadership and management, governance, organisational design and development, disaster management and fire and at the same time to create this pool of expertise with R6 million. If there’s really going to be a substantial shift away from consultants it would be welcomed, but I don’t get the impression that it can really happen. Regarding Disaster Management and Fire the hon Minister referred to the amount of R1,66 million that has been allocated to staffing. Perhaps the Minister can explain to us how this additional funding for staffing will help disaster management in the Western Cape and especially municipalities. We still have a major challenge with regard to the West Coast Disaster Management Centre. It is still not up and running and there’s no functional area in that regard. An amount of R2 million has been allocated for IT at the Provincial Disaster Management Centre. One could ask whether it could it not have been better utilised by, for instance, transferring that to the Cape Winelands Disaster Management Centre to help in that regard.

MONDAY, 6 DECEMBER 2010 3175 *I must say I believe the challenge regarding fires in the informal settlements has not been addressed adequately at all. Fire stations still are not accessible and/or available within a reasonable reaction time for communities in informal areas. Numerous deaths occur in those areas. We must shift our fire services to the people, especially to areas where the people die. Up to and including October this year, 60 people have died in fires in informal settlements. I don’t think an answer to this has been given at this stage. †I also want get to refer to the City of Cape Town. It seems like there’s a two-prong approach towards local government in the Western Cape. The one is his approach towards the 29 municipalities where we can see the MEC is playing an oversight and monitoring role, but when it comes to the City of Cape Town he is almost quiet and silent on what’s happening within the City of Cape Town. Just recently it was reported that R2 billion was spent over the last two years without calling for any tenders. The MEC was very quiet on that issue. In the 2009-10 budget year, just in terms of capital the budget, the City of Cape Town spent R4,7 billion out of R5,6 billion on capital budget – again the MEC very silent in this regard. We would also like to hear what the provincial government is doing in terms of the debt owed to the City of Cape Town; that’s a major challenge. The last amount that we received was R130 million owed by this provincial government to the City of Cape Town and that includes Health, Education, Public Works, Transport and issues related to that. Even during the whole issue of the toilets in Makhaza the MEC was very quiet on this. His primary responsibility is first to see that there’s proper service delivery, but at no stage did he approach the City, help the City or support them and engage with them. A very important role for an MEC is to monitor the performance and functioning of municipalities, to support municipalities and, of course, to have oversight to strengthen local government capacity to manage their own affairs. The MEC, as we have seen, was very aware in this financial year of the situation and what happened in the Overberg District Municipality. No directive was issued to the Overberg District Municipality in terms of section 139(1) to direct them, and support them, in getting their house in order – and we all know there were major problems in this regard. Very clearly the council was dissolved. It seems as if it was exactly planned like that because of the inaction of the MEC to really resolving that. As the ANC said right from the onset – and we said this in the House and outside the House – the removal of the councillors was baseless and unconstitutional and that was confirmed by the High Court. Mr Deputy Speaker, that money now has to be funded by the taxpayers.I don’t see any provision being made by the MEC for the funding in the existing budget, or the Adjustments Budget. The first amount of approximately R200 000 that had to be paid out, and which was reported on by the MEC, was in October. We know that the bills were coming in and the estimate was in the region of approximately R2 million. When and how will that be funded in this financial year and also in consequent financial years to come?

3176 MONDAY, 6 DECEMBER 2010 I think it’s a burden that has been placed on taxpayers, not only in the province, but also on the taxpayers of the Overberg District Municipality, to fund something that I believe was purely a political decision, and not to support or strengthen, or properly monitor that specific municipality. We need to hear from the MEC regarding some of the main challenges, such as capacitating municipalities to delivery effective services and effective monitoring of local government. But we still see a lack of proper co-ordination and support to municipalities. Provincial capacity support has been segmented at this stage and a lot of duplication is happening. Hopefully the MEC will address those issues to see how we can take local government forward and more specifically into the next year when we have our local government elections. *Mr J J VISSER: Mr Deputy Speaker, one of the most important spheres of government is certainly local government, since it is here where basic services have to be provided at grassroots level. It is, however, also the entry level of politicians, which necessarily means that the experience of people at this level of government is somewhat lacking. The Department of Local Government therefore has a huge responsibility to give guidance, to support, to train, to put structures in place, to generate policy and where necessary sometimes also to rap people over the knuckles. However, this task is complicated by the fact that the provincial department and the Minister do not have legal powers to properly exercise their responsibility with regard to local government. I must say the standing committee has carefully monitored the Minister and his department, knowing exactly what they were doing. Therefore I can state today that I think the Minister and his department, with the budget at their disposal, have carried out their task very well. It is therefore heartening that the department is rewarded in the Adjustment Budget with an additional R10,3 million. This money can be used to augment and strengthen this department’s systems and human resources so they can carry out their task even more effectively. The department also had to undergo a change by being separated from the housing division, both divisions now being fully fledged departments on their own that can proceed with carrying out their tasks independently. Mr Deputy Speaker, I would like to wish the Minister and his department well for the rest of the budget year. In doing so, I would also like to support the adjusted half-year budget for this department. †The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Deputy Speaker, I agree with many things that the hon member Ncedana said. Luckily, thanks to my colleague next to me, he translated to me what was said when we had no translation. However, the filling of vacancies is crucial to any department. There are also challenges. You need to manage the financial part of it very carefully so that you don’t run out of money at the end of the day.

MONDAY, 6 DECEMBER 2010 3177 We needed to work out what the influence of the Occupation Specific Dispensations (OSDs) would’ve been on the department. But I can promise you that our money will be spent, and it will be spent wisely. *Mr Deputy Speaker, the hon member Uys referred to the Municipal Infrastructure Grant (MIG). The Municipal Infrastructure Grant is critical. We also should bear in mind that we in the Western Cape have succeeded for the first time ever in spending 100% of our MIG funds in the 29 municipalities outside the Metro. The Metro itself spent 69%. As I always say to my department, it is one thing to get there but another challenge to keep it there. We know we are facing enormous challenges and we are working on a daily basis with the municipalities to support them and to keep them informed of time frames and to point it out to them in good time where they may encounter problems with time frames. Water is critical, and also the link between water and bulk infrastructure. As we all know in the House it is a national responsibility, but because there are problems and because water may become the new oil of the future, we realise the importance of water. Two aspects must be attended to urgently, namely the amount of water and also the quality of water, and we are trying to manage both. How can we manage the amount of water? We can manage it, in collaboration with municipalities, by including a dual water system in building plans where they harvest rainwater that they can use again in a separate system. We have undertaken an extensive study with regard to water and also bulk services, and the results will hopefully be available in January. At this stage I think I can safely say that the Western Cape will have an infrastructure backlog of between R15 billion and R16 billion. I do not want us to be preoccupied with money. But I do think we have to reprioritise in our municipalities. I think that is where we are going to face the biggest problem regarding funding. Reference was also made to consultants. We have done away with unnecessary funding for consultants. We want to create our own internal capacity to do their work. Of course, consultants are needed in certain cases, but we will spend our funds very carefully. Where we can save, we will save and we will apply it to internal capacities and to improving such capacities. Disaster management is critical. I know it is very difficult, but I really hope we will in future see the success of the programmes we are now working on. We started at the beginning of the year. There is the Jerry Giraffe campaign where we go to schools and where we spell out to them the dangers during their life orientation periods. Also in the communities, and on squares, we show them what can be done, how they should react, where the emergency numbers are, etc. We are also working with CapeNature, the Department of Environmental Affairs and joint programmes of local governments. We have joined forces with the Paraffin Safety Association of South Africa, which was a highly successful programme. We should bear in mind that 47 000 children suffered paraffin poisoning in the Western Cape last year.

3178 MONDAY, 6 DECEMBER 2010 I hope all these programmes we are running at the moment will converge and that we will indeed experience a blessed season with very few fires. By saying this I am definitely not saying that we should pay less attention to planning – more attention should be paid to planning. We have also received four aircraft from national government, which will help us to drop water and they can reach the fires much quicker than helicopters. The other advantage is that they hold double the amount of water. We are going to spread our air power across the province so as to reach fires much quicker. We are doing this because we have established a very competent disaster management team, and I am very proud of what they are doing. Mr Deputy Speaker, the informal residential areas of course are always a source of concern. We have to bring the services closer to the communities, and the sooner the better, but you know as well as I do what costs are involved. Mr Deputy Speaker, you were involved in the establishment of the West Coast Disaster Management System. This is not mud slinging, but it was a valuable experience we had. Operating the computer program and the centre costs R5 million per annum; it is simply unaffordable. Therefore we have to consider these things and plan better in future. I was also involved in the Cape Winelands. I hope they will be taking the correct decision, because there are two options in that council. The council wants to build the centre on this side of the mountain – and by this side I mean Stellenbosch or Drakenstein – and our department is of the opinion that we have sufficient capacity on this side of the mountain, because the Metropole also has strong capacity that can help in the event of a disaster on this side. I would prefer it to be on the other side, but you know I do not have the power. I may express an opinion and I may consult with them and help them and this is what we are doing at present. Funding should not be a problem. I think their funding is adequate, so we have to sort it out. Mention was made of R2 billion with regard to the Metropole. I want to make it clear that we communicate regularly with the Metropole. We discuss our worries with them. They are not treated differently; we have a specific session. One should bear in mind that the Metro is very big and that 70% of our population are living in the Metro. We meet with them and we puzzle over issues, and we talk with them about the tender processes and about spending their money. It is important that the Metro should spend its money since it is usually spent on services for the poor. Mention was also made of the money owed. Under the guidance of Minister Winde and the Department of Finance, we have met with all the municipalities. First the books had to be cleared almost totally. We had to determine what department was responsible for what debt. Things had gone a little awry as far as bookkeeping is concerned, but I think we made good progress under the guidance of Minister Winde during the past year. Reference was also made to the Makhaza toilets, but I am not going to say anything in this regard. I was involved in the process; we are not bringing everything into this House and the court, of course, has given its verdict. I am not going to say much about the Overberg District. I can state honestly that no politics was involved from my side.

MONDAY, 6 DECEMBER 2010 3179 I did what I thought was right and I did so in terms of legislation. I think the Constitutional Court or the Court of Appeal most likely will find for me. It is important that we should return discipline to councils, otherwise we are not going to make progress. As soon as we return discipline to councils … [Inaudible.] … whole day but we will not stop. There has to be discipline in local government if we want to serve our communities. This is how I have been acting for the past 18 months. Mr Deputy Speaker, then there is also the issue of capacity building in municipalities. Let us look at the figures and at the realities that took place at local level. An independent IQ report shows that 9 out of 10 top municipalities are situated in the Western Cape; 80% of our municipalities received unqualified audits, and 88% of our municipalities are providing basic services witin the framework. I think we as a department may be very proud and this is proof that we are doing our work. I wish to thank the chairperson of the standing committee, Mr Visser. It is a pleasure to work with you as a colleague. You dish out punishment where it is deserved but you also give constructive criticism where it is deserved. We are working with reports and we are working with one another with a view to eventually improving service delivery at grassroots level. I thank you as well as the committee for the cooperation we as a department have been receiving from you. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010 ]

(Debate on Vote 9 – Environmental Affairs and Development Planning) †The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Deputy Speaker, thank you very much for this opportunity. The original budget in respect of Vote 9, Environmental Affairs and Development Planning, was reduced from R304,949 million to R301,425 million, that is a reduction of R3,5 million to R4 million, or 1,16%. Since the total budget includes funding to two institutions, the funding arrangements are as follows: The Department of Environmental Affairs and Development Planning’s budget increases from R144,92 million to R147,025 million. This net increase of R2,933 million is 2,03%, and includes improvements of conditions of service, R1,050 million; occupation specific dispensations (OSDs) Phase 2 funding, R3,8 million; revenue retention and increases to own revenue, R1,388 million; roll-over funds R676 000; R54 000 was transferred from the Department of Transport and Public Works for office renovations; and R3,927 million was transferred in respect of Human Resource Management and the Enterprise Risk Management function. Mr Deputy Speaker, the CapeNature budget on the other hand decreases from R160, 857 million to R154,4 million.

3180 MONDAY, 6 DECEMBER 2010 This is decrease of 4,014%, or R6,457 million, is mainly due to the underspending of infrastructure allocations, while additional funding of R626 000 was received for the improvement of conditions of service and occupation specific dispensation (OSD). †Mr M C WALTERS: Mr Deputy Speaker, I must thank the Minister for his concise introduction, and at the same time convey our appreciation to him and his officials with the relationship which has developed between oversight and the Executive branch. I do feel constrained, however, to once again point out the key role that this department plays in Economic and Social Development through its planning and the execution oversight it plays with regard to local government throughout the province. Spatial development guidelines, global procedural guidelines, model bylaws for municipalities, ecological impact report evaluations, and many other facets and projects, are among the areas in which the department plays a key role in guiding development and ensuring sustainability. Biodiversity and the conservation thereof, the environmental management of natural areas, alien invasion management, policing of illegal activities on lands, estuaries, rivers and mountains all fall within the responsibility of this Minister and the department’s entity, CapeNature. The department received a total budget of R304,949 million to manage the above spectrum of duties and complex issues. The standing committee has pointed out on earlier occasions that an important basic function, such as ensuring that future planning is rational and complies with a multitude of environmental, legal socioeconomic compatibility and sustainability criteria, should be properly capacitated both with regard to personnel and funding. It is therefore ironic that the overall budget has decreased with R3,524 million, one of the few departments to have had a cutback. What makes this even more ironic is that when we subtract the grant to CapeNature, the biodiversity entity from the budget of the department itself with its multitude of responsibilities, it has only R151,943 million to carry out its functions. That the allocation to CapeNature is also too small to allow full deployment of essential operations, is also made clear by its inability to fully deploy a system of firebreaks necessary to protect the reserves of the entity, and the land of its neighbours, should fires arise on CapeNature property. This could involve extensive expenditure should there be claims on Cape Nature. The problem of instituting some system for the early control, and even eradication of incipient invasive alien plants, remains a priority which does not receive attention as a result of capacity and budgetary constraints. Early attention could save the huge costs that will be required once these plants such as Spanish Broom and pampas grass occupy large areas. The fact that no provincial laws, or local government bylaws, exist with regards to effective action against invasive alien plants, and that control is dependent upon the precepts of the conservation of the Agricultural Resources Act administered by the national Department of Agriculture, hinders effective action to protect indigenous biodiversity.

MONDAY, 6 DECEMBER 2010 3181 A provincial Act should be promulgated and be supported by bylaws, allowing action by provincial and municipal officials in enforcing the removal of aliens. At present urban areas provide refuges for aliens from where they can re-infest cleared areas and penetrate natural veld. While the department had challenges that placed pressure on their budget, the main impact revolved around the expansion of the air monitoring stations and increased costs. Improvements in conditions of service required R1,987 million in adjustments, while occupation specific adjustments (OSDs) required a further R4,426 million. Function shifts between Votes, including corporatisation, required R3,927 million, and to other Votes, notably Education for housing allowances, amounted to R8,074 million. The standing committee subjected the department, and its entity, to rigorous examination and was satisfied that the available funds will be appropriately spent. They were given the assurance that the department would be able to spend its adjusted allocation on the indicated programmes and subprogrammes. The Adjustments are supported. *Ms J A VAN ZYL: Mr Deputy Speaker, this is one of the few departments where a downward adjustment of R3,5 million was effected. The funds rolled over remain a source of concern, and more specifically the quarter of a million rand with regard to the Cleanest Town Competition. The explanation by the department sounds acceptable, but it nevertheless detracts from the prestige of the gala occasion if such winner of the competition has to wait for months for the prize money. We also trust that the transfer of funds under the programme of goods and services, more specifically the implementation of the Occupation-Specific Dispensation (OSD), as well as the transfer of funds between departments, will not be repeated in the next financial year. The percentages for the period April to September 2010 in terms of spending compare well, but the 37% more or less of environmental quality management is worrying. This is a critical directorate that has to look after people’s health and well-being. As far as the number of vacant posts is concerned, we trust that it will be addressed urgently and that the posts will be filled. We have noted, however, that in some cases posts cannot be filled because of a lack of interest, non-competitive salary structures and expertise in specialist fields. But all of this does not exempt the department from its task to do everything in its power to recruit or grow experts. We already have problems with adequate water supply. What is the department doing in this regard? We hear, among others, the cry of distress of residents of Beaufort West. We also believe Defence Force water tankers are still carrying water to Beaufort West. The re-introduction of an emergency fund in this province is essential. It will be appreciated if the hon Premier will also take note of this. The hon Minister van Rensburg said on Friday it is a luxury; water is not a luxury, it is an essential item. Mr Deputy Speaker, then there is also the issue of the quality of the water in our rivers and lagoons.

3182 MONDAY, 6 DECEMBER 2010 There are too many reports of raw sewerage, or partially purified water, being discharged uncontrolled in our natural water supplies. Even the discharge of raw sewerage, with solid waste material, into the sea is seriously worrying. We want to see what is being done to overcome this crisis and to prevent serious pollution. This is an urgent matter that was not addressed in the Adjustment Budget. Mr Deputy Speaker, we would like to express our gratitude and appreciation to the department for their hard work. Cope supports this Adjustment Budget. †Mr M OZINSKY: Mr Deputy Speaker, first let me say that on behalf of the ANC we would like to wish the Head of Department a speedy recovery from his ill-health at the moment. Let me start off by supporting the chairperson on a number of issues that he’s raised. It’s time for this department to start doing things in a different way. Up until now largely all the money that’s spent on eradicating alien vegetation on biodiversity is coming from national government, and there is very little independent work from the department on that matter. They rely absolutely on national government for that money, which might not be a bad thing in itself, but it seems to me that a lot more work needs to be done in monitoring and following up the eradication programmes and seeing whether they are successful, but they should also be taking these programmes to new areas. I raised an issue with hon Carlisle last week by way of an interjection; it is a pity he is not here. Large numbers of aliens grow in the road reserves and they are not cleared at all by Transport and Public Works. These aliens then spill over into the surrounding nature reserves, wetlands, farms and so on. There’s also a problem on farms where many of the aliens are not cleared. This weekend I drove to the Southern Cape and back. I wondered to myself whether I could justify what I said to the hon Carlisle. I can tell the hon MEC – and perhaps you will tell him that – it was actually worse than I even thought it would be. I want to exclude the national road reserves in this regard because, by and large, their reserves are clear of aliens. I want to give you a good example of a provincial road, namely the road that goes from the N2 to Stilbaai. The whole road reserve is covered in rooikrantz and other alien vegetation. Then I drove a number of other routes. I drove from Worcester to Robertson, Ashton and then to Swellendam and I saw exactly the same thing in those roads. [Interjections.] Say again? No, there’s no conference in the Southern Cape; you guys are obsessed with our conferences. [Interjections.] Maybe you would do better if you went and did your work on the ground so that you could avoid headlines in Noseweek like this: “The DA’s Bredell plays Pass the Parcel”, because you are so obsessed with the ANC that you don’t do your own work. [Interjections.] If you want to politicise this issue then perhaps you could deal with it between the two departments because it seems as if the two departments don’t even meet to deal with these things. I drove past places where clearly clearing had taken place on the land, done with government money, but the road next to it was still infested with aliens. I think the chairperson is right when he raises this matter. There’s a lot more work to be done on this.

MONDAY, 6 DECEMBER 2010 3183 The chairperson of the standing committee and the hon member from Cope raised the water issue in Beaufort West. I’ve also been monitoring the situation in Beaufort West with regard to water where clearly there’s a serious crisis. Not only have the dams dried up, but the boreholes are also drying up. The response we see in the newspapers, which is greeted with acclaim by this government, is that people must hand over their bottles of water to the people in Beaufort West, little realising that that half a litre bottle of water took eight or nine litres to create. I must say it’s a very dismissive attempt at dealing with the real problem by simply saying: Hand over your bottled water. Where will that bottled water go? By encouraging people to hand over bottled water you’re making the situation worse because 10 times the amount of water is required to make that one bottle of bottled water, so you are actually taking water from other people! [Interjections.] You need to deal with it, it’s your government, it’s your area and you’re not doing anything at this stage. If you think the solution is to hand over bottled water then I challenge you to take all your bottled water there. [Interjections.] The DEPUTY SPEAKER: Order! Mr M OZINSKY: Yes, you shouldn’t do it and I’ll tell you why. The hon Premier raised this issue as well, and I agree with her. Bottled water is a complete waste of water. That’s why in situations where she finds bottled water she has asked that it be stopped. I support her on that. You should also support her on that, but you’re arguing the exact opposite. Let me carry on in this regard. Part of the problem we’re facing in the department is the fact that the MEC has his head very deep in the sand. When we raise serious issues the MEC, instead of dealing with them, avoids them and goes completely against what I thought was going to be the ethos of the DA government, which is support for the Constitution of the country and openness. When I, for instance, asked the hon MEC to provide a list of all environmental and planning applications being dealt with by the department, he refused to answer the question. He said that this information is available in the files of the individual applicants; it is not possible to provide this information in the context of a parliamentary question. He also said that due to the magnitude of these numbers it is not possible to provide a list of these files. But when I asked the Head of Department whether the information I was asking for is not the basic information that’s in the management tools of the department, for example, the name of the applicant, where it is and the erf number, he admitted that all that information is available. Here we have a situation where the information is available on the press of a button on a spreadsheet, because that’s what the HOD told us, but the MEC refused to provide that information in a parliamentary question. That raises very serious questions regarding openness and also the constitutionality of the way the MEC is doing things. In particular it raises the question as to why he does not want to give the information. What is he hiding when we ask for that basic information?

3184 MONDAY, 6 DECEMBER 2010 But it gets worse. I wrote an article in the newspaper where I said that the existing planning legislation that the MEC is extending the period for is unconstitutional. The MEC wrote to the newspaper and said, and I quote: Ozinsky tarnishes his reputation by revealing his lack of knowledge of the

distinction between municipal and provincial planning as well as the constitutional issues involved. Lupo, or for that matter any other provincial planning ordinance or law, has to date never been challenged on constitutional grounds.

And he goes on to argue that that legislation is not unconstitutional. But before you go hon Premier … [Interjections.] Yes, I’m talking to you. I wrote that in August and he responded at the end of August. But when we came to the standing committee the Head of Department acknowledged that all that legislation is unconstitutional and it needs to be changed. Hon Premier, we have a situation here where on two key issues of oversight your MEC is not being open. [Interjections.] No, that’s not the issue. He’s not being open on this matter, and he’s being less than open with the public because it’s the public that gets me to raise these issues. I want to ask the hon Premier why she has not done anything to reprimand this MEC when clearly he is challenged by the truth, in public, and it takes time for his own department to show that what the MEC said in public is not the reality that they’re working with. That’s a very serious issue, Premier, especially given the issues that we are dealing with regarding planning in the province and the controversies regarding planning. In the last few years, but in particular in the last few months, Noseweek has raised the question regarding serious issues of credibility as to what the MEC is doing in Hermanus and the Overstrand Municipality. I want to read the opening paragraph of what Noseweek says about the hon MEC with regard to Overstrand: Western Cape Local Government MEC, Anton Bredell, is fast developing a

nasty reputation for himself as the following whistle-stop tour of the Western Cape shows …

And then they list various incidents in Hermanus and other places around the

Overstrand. Here we have a situation where I think I’ve shown conclusively that the MEC was not straight and honest with the House when he answered a question. The question had to do with which applications he’s dealing with, which is the basic work of the department, and he refused to give that. I checked on the Internet again today; none of that information is available on the Internet and there’s also no dashboard on the Internet to assess his work there. When it comes to constitutionality the MEC goes out and attacks my credibility about constitutional issues when he knows that the opinion of the Head of Department is that the law is unconstitutional. In fact, they’ve spent a lot of money now employing a consultant, who’s a professor at UWC, to advise them on this issue. The first thing that the consultant told the standing committee was that the law is unconstitutional. But your MEC goes and says, in public, that it is constitutional.

MONDAY, 6 DECEMBER 2010 3185 Why is he doing that? Why is he wasting our time and money to delay the adoption of new constitutional legislation? This is a very serious matter which has to do with whether there will be openness and transparency in what the hon MEC has done. You can read, every week, in the newspapers about the controversial decisions he’s taking. Hon Premier, I don’t know where you stand on this matter, whether it’s your view that MECs should not answer questions and when they do give a two-line answer to the question they should divert you completely from the issue that’s being dealt with. Then six months later the department comes to the standing committee and they give the exact opposite answer in the standing committee. Hon Premier, I don’t know where you stand with an MEC who defends a patently unconstitutional Act. The hon Winde has – and I can get the Hansard on that issue – many times spoken about the unconstitutionality of that Act in the House. Mr Deputy Speaker, instead of dealing with the issue the MEC wants to deal personally with my understanding of the Act, mislead the public outside and then wants to come to the House and pretend as if it’s all normal. There is going to be a blow-up with regard to these issues in the various municipalities because we cannot see how things are done. Related to this directly is the way the hon MEC has dealt with the Hermanus Ratepayers’ Association and their concerns about serious developments which are taking place in Overstrand. For instance, the Record of Decision for the Checkers/Shoprite development says that there must be GAP housing built around that development as part of the agreement for the development to go ahead. And, as you know, GAP housing is meant for people who are earning less than R7 500 per month. Again, if you look at the development as it’s being built now, there’s no GAP housing in the development. Instead, there are 35 luxury apartments costing between R2 million and R3 million each. That is how the Record of Decision (ROD) has been implemented. Now you tell us honestly, MEC, if people earning less than R7 500 per month are expected to pay R2 million for an apartment. We wonder, because I know what the MEC will say. He will say that the development was approved by the ANC. That might be true, but the fact is that there were conditions on the approval of the development, and it is you and your department’s responsibility to monitor whether those conditions are implemented or not. And that is not happening in this case. Similarly, there is the whole issue of the way in which the MEC drew up a report supposedly investigating the Hermanus Municipality without giving the complainants an opportunity to participate in the drawing up of that report and make their point of view. This is an issue which I think I will definitely be investigating further. For instance, Noseweek documents precisely how people were given one day’s notice to attend a meeting with the MEC. But the formal invitation never even came from the MEC’s Office; it came from the office of the municipality via an e-mail round the back. Clearly that’s not right. Then we come to the question of openness and we have to ask: Where is that report? I looked on the Internet; there’s no copy of the report available.

3186 MONDAY, 6 DECEMBER 2010 In fact, when you look at the website of the department, besides a few documents outlining how you make application, there’s no information available at all. So there’s no openness in this regard. The case in Hermanus is getting more and more interesting by the day. If you read the newspapers today you would see that one of the directors of the company Shoprite Checkers, who were the applicants and have been given everything they want to do and more, has lost millions of rand in England, and essentially is being accused of money laundering, criminal money ... [Interjections.] No, it’s not. This is a very serious matter. And it’s not the South African Government who’s raising it, it’s not the ANC that’s raising it, because this ... [Interjections.] Yes, it’s the British police, and he was arrested. An HON MEMBER: Why did they arrest him? [Interjections.] Mr M OZINSKY: Tell him, Carlisle, that there are some things you cannot support, no matter what party is involved. †The DEPUTY SPEAKER: Order! The hon member should complete his last sentence. †Mr M OZINSKY: Lastly, Mr Deputy Speaker, there is also the issue of the money that CapeNature has asked to be rolled over with regard to the Kogelberg Nature Reserve and the capital development there – and this is the main amount that’s rolled over in the Adjustments. In the standing committee we were told that the reason for the roll-over was because of the late approval of the EIA by national for this development … [Time expired.] †Mr E H ELOFF: Mr Deputy Speaker, I don’t agree with the previous speaker. When people are dying of thirst you don’t ask questions, you just do it, you just give it and you make sure that you give them clean water. You do this not to make their problem bigger, but to solve the problem. [Interjections.] Environmental Affairs is a very important department. They ensure that our future is secure by taking nature, the environment and people into consideration. Projections with facts and circumstances are a road map for the future. The department must be congratulated with the results of the projects, what they have achieved and are busy finalising. I don’t agree with all the things they said. They said, for instance, that everything is going wrong. There are more things going right in this department than there are things going wrong, and I’m just going to mention a few of them. For instance, the completion of the Drakenstein Environmental Management Framework and the Saldanha Bay EMF Initiation, which will give opportunities for further development and a lot of job creation; the finalisation of the HUMP project, the provincial air quality management plan; also the air quality monitoring stations that were placed over large areas in towns which will indicate when problems occur with pollution in the air; the solar water system project that was rolled out which was very successful and many people benefited from it; and the finalisation of the healthcare Medical Waste Management Amendment Bill. This shows the department is really dedicated in what they do. I congratulate the Minister and the department and I support the Adjustments.

MONDAY, 6 DECEMBER 2010 3187 *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Deputy Speaker, I wish to thank the hon Walters for his contribution. As always, it has been very interesting. I agree with the thinking and the problems he identified. Hopefully we will be able to spend more money and more energy on this kind of project in future; I think this is very important. We also should be honest with one another. We are in an economic recession and there are certain priorities. And we also inherited certain items. If we want to grow the economy in the Western Cape in order to be able to eventually address all these items, we have to admit that we will have to spend lots of power, energy and money on two items, namely education and bulk infrastructure. I think the rest will then follow. By saying this, I also mean that I think we are going to talk a lot about these things in future, because we are not going to get sufficient funds in the short term to simply address these items. Not only will we have to work smarter, but we will also have to be prepared to work harder and also to involve the private sector. I want to thank hon Van Zyl for her inputs. Funds that are rolled over will always be debated. I don’t think this is something that will ever disappear. But we should try every year to plan better in order to roll over less funds. Regarding the R250 000 prize money for the Cleanest Town Competition, we have already explained it. The reason why it is not paid out immediately is that the municipality has to make a submission to show where they are going to spend the money that should go back to Waste Management. This is why we keep the funds until we are satisfied with where they are going to spend it. The filling of posts has also been referred to. The department has started working on it and we are also nurturing candidates. We are getting very good applications for the posts we advertise, and this is heartening. Hon members are aware that we battled to get our new organogram in place and to get all the processes approved. Now that it has been approved we can start filling the posts. We did not want to fill posts according to the old organogram, because then we would have proceeded with a wrong process. The water cry of distress is of course very important. I think I made a ministerial statement in the House last year when we were talking about water. I am constantly passing information on water on to the standing committee. I also regularly give information to Cabinet regarding the water crisis in the country. For me personally it is of cardinal importance that we should get this right. We should remember that the department cannot make water. We can look at desalination plants, but we should bear in mind that something has to be done with the brine and this has an impact on the environment. As I have already explained, we have to look at a number of items like harvesting rainwater and a dual water system in municipalities. Mr Deputy Speaker, one of our biggest problems is that municipalities wake up too late and start too late implementing emergency measures. We will have to design a programme where if you say you have water only for the next six months, you may then start implementing restrictions in order to save the source.

3188 MONDAY, 6 DECEMBER 2010 We have also found a sealed borehole in Beaufort West that contains some water. We are investigating it to see how we can use this source. The sewerage that is discharged is a huge source of concern for everybody and of course it should not be like that. For this reason the department has commissioned a bulk infrastructure study. I think the outcome of this study will be in the first place a priority list of where the main problems are and we will start working on it. There are three areas that are polluting our rivers and the sea. This is caused by sewage farms that are not managed correctly by municipalities; informal residential areas situated near rivers and water sources, which usually is the case, and that do not have the appropriate services; and agriculture of course also is playing a part with run-off water from farms. I think these are the items that we will have to address first, in the short term, as soon as we have the complete plan available. That is why we, as government, are driving the process to get a water plan on the table. The hon Ozinsky started off well. I thank him for this; he was very positive. I expected him to become negative and then he became negative on the matter as a whole. He is not going to succeed in what he is trying to do, and that is to play me off against the Premier. She is aware of the decisions I take because we talk to each other in the DA, we do not simply do our own thing. We discuss things and we look for the best solutions for the province. Mr Deputy Speaker, the Beaufort West water crisis is a concern to all of us. I have tabled it on several occasions and I have spoken about it many times. It is a crisis and we will have to manage it correctly. The water that was donated was a private sector project. I think it was a very good initiative to get people to join hands and work together. Yes, it did have a side-effect, but it was very good of the private sector to say they want to help colleagues who do not have the source. The question put by hon Ozinsky I have explained a hundred times already, but let me try for the umpteenth time to explain it to the Leader of Parliament and my colleagues. Hon Ozinsky gets up and blithely reads my reply, but he does not read what he wrote two weeks earlier in The Argus. So once again, as always, he gives just a little bit that suits him. He does not say how he attacks us and when we hit back he always runs to parliament where he starts crying. If you want to attack, you will be attacked in turn; unfortunately, this is how things are in life. The information the hon member requested, that I said I was not going to give, was personal information in the files. We may run through the questions again. I told you I would give you the information of the file number and the town where the development is taking place, but I will not disclose personal information. I will not give you a summary of every file since it is privileged information. Every individual has the right to protection of the information submitted to me, and I will protect it because the department is not the fund-raising department for political parties. We will do the right thing because we are working with the heritage of our children; this is what we will do. I am very proud of my professional team of officials assisting me. The whole issue of planning legislation is very interesting. The department is being drawn through the mud by hon Ozinsky. Here I have the complete process plan and how it has taken place. Under ANC control they started with it in April 1999. This entire process of failures has been documented here. It makes for interesting reading, but I will not waste your time. The ANC stopped this process at an ANC congress in 2004.

MONDAY, 6 DECEMBER 2010 3189 They know full well what I am talking about, because their previous MEC gave me the information. It is very interesting if we want to fight over these things today. Mr Deputy Speaker, let us go back a year and a half. This province had been plunged in a crisis by the previous Premier and the previous MEC for Planning who did not approve the planning legislation in good time, which meant that all rezonings, all land rights lapsed at that stage. It was the quickest that legislation had ever been pushed through a parliament, because it would have been a crisis in the province. What did we do? We are applying now already because it lapses in July next year and we know the legislation is not going to be quite ready. We are focusing in the department on doing the right thing – and we will do the right thing. It is easy to distort Mr Rudi Elliss’s words in the standing committee. The planning legislation has never been before the Constitutional Court. Hon Ozinsky is grabbing a verdict in Johannesburg concerning a terminal they had established; the court case was between the terminal, the local government … [Interjections.] But this is what you are grabbing. The fact remains that planning legislation has never been before the Constitutional Court. We as a department take all these verdicts and we debate them on a daily basis because we want to operate within the Constitution, as always. But there has never been a verdict with regard to planning legislation. [Interjections.] This is not what he said. The DEPUTY SPEAKER: Order! The MINISTER: He said if we look at all the information it could be interpreted as unconstitutional. We are working according to this on a daily basis. For this reason we are getting knowledgeable people, including constitutional experts, to help this province to operate within the Constitution. [Interjections.] If, and this is what hon Ozinsky has to understand … [Interjections.] †The DEPUTY SPEAKER: Order, hon members! Your interjections are very loud. *The MINISTER: The hon Ozinsky must understand that if anything we do should be declared unconstitutional, for some reason or another, in a court, the court will give us at least a period of two years to put the matter right. This country cannot function without planning legislation. This is what the DA is establishing, planning legislation, because national government does not have the power to do this. Mr Deputy Speaker, I want to return to Schulphoek and Noseweek and all those things we are coming across. We will not deviate from doing the right thing. An independent team has been sent to investigate the Schulphoek application. I am very sorry if the ratepayers do not understand the legislation in terms of which we are operating. They are confusing the 1999 legislation, when the agreement was entered into, with 2004 when the Municipal Finance Management Act (MFMA) came into operation. When my staff arrived at Overstrand and saw that Rabcav was about to start working, they stopped it. This department stopped the development. [Interjections.] This department stopped the development because one has to act according to procedures. I am not afraid to say this, hon Ozinsky, because there is a problem with the RVB. The RVB was issued to a body and it vests in the name of the body, in other words, the municipality. They sold the land to Rabcav. Rabcav did not get the RVB but they applied for the extension of the RVB. So there is a procedural error.

3190 MONDAY, 6 DECEMBER 2010 We as department discuss these things and we deal with them within the legal framework. I don’t know what would have happened if the ANC was in control. I don’t think they would even have noticed it. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: We should not lightly politicise these things, since politics can bite one in this type of development. And I am not going, since they ran to Noseweek and magazines, to sell my norms and values because of an article. We will do the right thing in this department and we will do the right thing in Schulphoek, just as we are doing the right thing in other developments. The Shoprite/Checkers development in Hermanus is a huge success. Hon members should go and see how many jobs I have created. Of course, they have to act within the RVB conditions and we will see that they do this. †As far as CapeNature is concerned, the hon Ozinsky once again distorted his facts, as always. The Notice of Intent to submit an application in terms of 385(22)(b) was submitted to the Department of Environmental Affairs and Tourism – now DEA national – on 11 December 2008. Following this process of notification specialists in heritage, botanical, environmental and traffic fields were appointed to look at it. Here’s all the information. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [ B9—2010 ]

(Debate on Vote 10 – Transport and Public Works)

†The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, I thought I would just highlight the key features of the Adjusted Estimates which take us from a main appropriation of R3,6 billion to a final appropriation of R4 billion. There’s an amount of R205 million in roll-overs, R83 million in unforeseeable or unavoidable whatever expenditure, or whatever, … [Laughter.] … and R23 million in other adjustments. The DEPUTY SPEAKER: Order! The MINISTER: I thought I’d just draw out the key points because there has been quite a lot of misunderstanding and confusion regarding that. One of the key roll-overs is an amount of R18,5 million in terms of the devolution of property rate funds, That is, in fact, where the debit has been recognised, but for whatever reason the invoice hasn’t arrived yet usually from the municipality. There’s a total of R186 million in terms of the transport disaster management; that’s in effect flood damage. That is additional money we received and we received it too late to be able to finish everything on time. Under unforeseeable and unavoidable expenditure there is just one item of R83 million and that is for topping up our property rates fund.

MONDAY, 6 DECEMBER 2010 3191 Mr Deputy Speaker, I want to draw attention to some of the key virements. Obviously they square off, but largely speaking there are some savings. It is a pity about the Hemel and Aarde road. The department of my colleague over here, amongst others, has decided that they need more information on Hemel and Aarde so we have not been able to start the road yet, which is indeed a pity. It’s taking a long time to get to an agreement between ourselves and the consortium which is going to manage Chapman’s Peak, the concessionaires, and their own funders, so it’s like a tripartite arrangement. So the R17 million we would have liked to have spent on Chapman’s Peak this year, is not going to happen. The Koeberg Interchange is running a little below funds but not really behind time. That’s chiefly because one Sunday afternoon a large piece of the concrete construction fell off and that slowed up proceedings a bit. Approximately 60% of the virements, the bigger ones, have gone on road maintenance. The last issue, Mr Deputy Speaker, is the question of Other Items as they are referred to. I will just briefly touch on them. We shifted some money for the upgrading of the 8th Floor in Dorp Street which is part of the modernisation programme for Central Services. An amount of approximately R11 million goes to modernisation and that is for functions that have been shifted to the Premier’s Department. Mr Deputy Speaker, I hope I’ll get a loud round of applause on the next issue! [Laughter.] There is an amount of R28 million in what is called “self-financing expenditure”. This was a very old debt owed to us by the private hospital within Groote Schuur which I collected. So if you want to give me a round of applause … [Applause.] That sort of explains the main heads of the Adjustments. Let me just touch on some of the things in the department which I think are of interest. We spent about R20 million on the Masakh’iSizwe bursary programme; this is truly a gem in the crown, even though it did come from former Minister Fransman. It really is a very special programme. It is far more than a bursary programme. It’s a programme where we select youngsters who otherwise wouldn’t be able to afford to go to university. We not only ensure that they go to university to get degrees or diplomas in those sciences that we need in the department, but we will, more importantly, build their personal and professional confidence. For every five students we have a mentor. His or her job is to look after them, make sure their assignments are in and handle personal moments that sometimes destroy their careers at university. They also teach them to drive. It’s a truly wonderful programme; we’re very proud of it. Incidentally, we share in this programme with the private sector; they pay a certain sum and we pay a certain sum. I’d like to touch on other issues that are involved in the Adjustments. I think this is very important because this lays the basis of a highly effective and professional department. We obtained, as you know, an unqualified opinion from the Auditor-General, but the following are the things that we’ve put money and effort into: The financial management improvement plan and the transformation of the roads capital account which has been hanging around for about 100 years. The enterprise risk management function was shifted to the Department of the Premier but we’re still involved with that. We have a fraud prevention plan. The micro-organisation structure has been completed.

3192 MONDAY, 6 DECEMBER 2010 We have re-engineered supply chain management. Standard operating procedures now exist for the treatment of the FIU reports. We have developed a training programme. Finance and supply chain management micro-structures are coming into place, particularly in the regional offices. Our standard operating procedure for the treatment of irregular, fruitless, wasteful and unauthorised expenditure has been issued, and we have also done delegations for every level in the department. All of the above are the building blocks of a really strong department that can then get on much more effectively with service delivery. Mr Deputy Speaker, I want to mention some of the things that have happened. We’ve commenced with the upgrading of 4 Dorp Street – you can all see that. We obtained a wonderful deal on that, an amazing deal. It will never come again. These two years are years for us to be building because we’ll never get prices like we’re getting at the moment. We have completed the shared service centre in Vangate Mall and we have moved in. It’s a wonderful building and we can be very proud of it. You are all welcome to come and visit us there. That is where the Operating Licensing Board is. We’ve upgraded the Faure Drug Rehabilitation Centre. Without going into detail I want to mention that we’re busy with the construction of 15 new schools and we have commenced the planning of 26 new schools after they have been completed. Construction of Khayelitsha Hospital is at an advanced stage, ahead of schedule and behind budget – in other words, it’s coming out a little cheaper than we hoped – and the Mitchells Plain Hospital is well under way. The existing hospitals on which work has been done are Paarl, Worcester, Vredenberg and George and the work is progressing well. It is important to note that we have commenced with the preparatory work, research and consultation of securing the resources and identification of six precincts that will be developed in co-operation with the private sector. That is the regeneration plan. I’m glad that hon Ozinsky is back in the House. He attacked me through another vote, but that’s okay. I want to say to him that we have a limited budget in respect of clearing verges, but I’m not satisfied that where we’re clearing verges we’re doing it as well as we could. I’m not sure that we’re actually uprooting or poisoning off the aliens, but I thank him for raising that and I will go into it. I want to say to him that regeneration, in due course, will make us self-sufficient financially in respect of maintenance, roads and buildings and that will include the verges. At this stage, we’re able to do the verges for sealed roads and for some gravel roads, but not all of them. Some of it is done for us by agencies. There is a lot of contracting and I think some of the contractors are subcontracting, illegally, downwards. It’s a whole area that needs to be looked at. I think whatever money we’ve got for that we can spend better. We’ve created 10 000 direct jobs through construction, maintenance and facilities management. We’ve commenced with 500 construction projects and 507 maintenance projects. Mr Deputy Speaker, I would like to mention something regarding roads. We’ve commenced with the last of the street lighting between Koeberg and Bellville. We have rehabilitated the Nuwekloof Pass, the TR22. We have rehabilitated Main Road 310, Prince Alfred Hamlet/Op die Berg. We have rehabilitated the trunk road, it is called 21, but it is actually the additional lane that is going onto the M5 Black River Parkway and then, of course, the Koeberg interchange itself.

MONDAY, 6 DECEMBER 2010 3193 We have upgraded the Table Bay Boulevard, we have upgraded the main road, 559, Saldanha to Langebaan and we have completed projects and we are busy with some projects. We have rehabilitated the main road through Pniel; I’m opening that later this week. It’s a very remarkable achievement; it was a very difficult road. Members should go out there over the weekend to have a look and be proud of their province. We have upgraded to surface standard the Gansbaai/Elim Road – I really don’t want to comment on that! [Laughter.] We have upgraded the TR2 south from Somerset West to Sir Lowry’s Pass. It’s very nice, but if I had been the Minister we would never have e spent that money. We have upgraded the 210 trunk road from White Bridge to Knysna. If I had been the Minister we would not have spent that money. We would’ve shored-up where we needed to shore-up. I think that the upgrade as nice as it is has, in a sense, cut off the people of Knysna from the lagoon and I think that’s unfortunate. We have rehabilitated divisional road 1254, Karwyderskraal; again, if I had been the Minister that would not have happened. We rehabilitated and upgraded the N2 east-bound carriageway between Vanguard Drive and Borcherds Quarry; that is very important. That’s going to be a bus and taxi lane. There was also an upgrade of main road 542, Pakhuis Pass to Wupperthal. A trust has been established for the George Mobility Strategy. I think we now have all three taxi associations on board. Last week I went to a council meeting in George at which they accepted the project, because these things now belong with municipalities, and they have agreed to start a section 78 investigation. This project has taken far too long. There are many reasons for it. Some of the reasons have been the difficulty with the taxi people, and some of the reasons have been that my own department has not always done what it best could do in this regard. We continue to support the Dial-A-Ride service but we need to put at least another R6 million into it, and we need to get that from national who used to give us that money. We have distributed approximately 2 500 bicycles. We have come to agreements with taxi councils for multi-year financial agreements. We’ve initiated the Safely Home Programme which has already saved us 150 lives and, hopefully, is saving us lives as we speak. We have completed the George Impoundment facility which I hope to see being very busy in the near future. I will open the second Shadow Centre, which is where we do the testing for drunken driving, in George on the 16 December. We are busy with service level agreements with all those things that we deal with with municipalities – registering authorities, driving licences, testing centres and vehicle testing centres. I’m very unhappy with the vehicle testing centres. It’s quite clear that many of them are dishonest. We’ve closed one already and I shall be going after others. I’m very unhappy with constant reports I get of bribes being asked for when people are being tested for their driver’s licence.

3194 MONDAY, 6 DECEMBER 2010 These are very difficult to pin down because people do not what to give you their names because they’re scared they will be discriminated against when they do their test. But I’m very disturbed when a relatively poor man says he’s got his R3 000 to pay what he needs to pay as a bribe. We’ve got to get to the bottom of that, whatever we do. Finally, Mr Deputy Speaker, I spoke about 10 000 jobs that we created. That is the second best in the country in terms of our target – and we exceeded our target. A total of 730 learners undertook theoretical and workplace training, what’s referred to as NYS Phase 3 and 770 learners were recruited for theoretical training NYS Phase 4. We carried out 48 specific training sessions which focused on small emerging contractors, primarily at Construction Industry Development Board (CIDB) Levels 1 and 2. The mentorship service of the contractor development programme was targeted at CIDB Grades 2 and 4. I don’t know what’s happened to my staff, but I would like to say something about them, if I may. I have what I call “flying fishes”. These are the people that just fly faster and higher all the time as the department begins to take off. These are the people whose cars are still here when I stagger out of here at 21h30 at night. It doesn’t happen once a week; week after week they’re working and they take work home over the weekend. Obviously that’s not desirable, but I am overcome with their loyalty to the Administration and to the service delivery of the department. I also have “crocodiles”, Mr Deputy Speaker, and let me finish on this note. They are the one that you can either never find or, if you do find them, they’re on a rock somewhere having a sleep! My job is to turn as many “crocodiles” as I can into “flying fish”. But at the moment my “flying fish” are doing a great job and in their absence I want to thank them for that. †Mr M NCEDANA: Mr Deputy Speaker, I must thank the Minister for giving a comprehensive report. In some way or another he has responded to some of the issues that I was going to raise. However, I think we also need to pay special attention to the Expanded Public Works Programme. I know it’s not the sole responsibility of that department, but that department becomes the engine of the sustainability of this programme, in particular, to create more jobs which may not necessarily be sustainable because not all the jobs that are created in the Expanded Public Works Programme are sustainable. I think it would help because the Minister said very little about that programme from the side of the department. I want to mention roads, but particularly the off-ramps on the roads in the Western Cape. For instance, there are off-ramps that have robots. With regard to the Spine Road off-ramp from the N2 and the Mew Way off-ramp, I think you need to consider whether you should work with the national government and/or municipalities. A number of accidents have occurred on the Spine Road off-ramp. What puzzles me – and I don’t know whether it has been done away with now – is that a number of accidents have to occur before they will consider installing robots.

MONDAY, 6 DECEMBER 2010 3195 That is the situation with the Mew Way and Spine Road off-ramps where a number of accidents have happened, but robots are not being installed. Spine Road is a provincial road. That is why I am saying there should be a joint undertaking between the municipality and the province. The bad planning would’ve been done by those who did the planning for black areas. Very limited services were given because there would have been fewer cars. That is no more the case. There are so many cars in Khayelitsha now. For me that would be the areas that should receive attention, Minister. I think you have covered the other areas. Mnu M SKWATSHA: Enkosi, Mnumzana uMadikizela, ndiya kubona zibuhlungu ezi ndaba. Kufuneka uyazi ndoda ukuba uhleli namaBhulu ayesicinezela apha. Ayalibona ilanga la ahleli nathi. Hayi alibona. Ndingaqala nje, Sekela Somlomo, phaya kanye kula ndawo le ibekwa nguMnumzana Ncedana ye-EPWP, la misebenzi. Ndifuna ukuyigxininisa landawo leya, kuba la ndawo ye-EPWP leya ibalulekile Sekela Somlomo kuba yeyona ndawo ikwaziyo ukususa ikati eziko ingakumbi kuthi ke thina zimpulazikalujaca. Yaye enye into endiqonda ukuba singayigxininisa kula ndawo yeEPWP yinto yokuba kuza kubaluleka into yokuba uqeqesho kube ngathi kuyagxininiswa kulo ukwenzela ukuba abantu abebephaya kula mcimbi we-EPWP bangasuki nje baye kuhlala ezitalatweni. Kufuneka kube khona into abasuka nayo bephuma nayo enxulumene nezakhono. Hayi, umhle Nkulumbuso! Umhle, Nkulumbuso! Uyazi kule ndawo yezitalato ezi sakhe sathi siyiKomiti eSisigxina sindwendwele phaya eKoeberg safumana nje indawo phaya ekufuneka ukuba uMphathiswa ayibambe nendifuna ukhe uyibambe endayibona ukuba iyandicingisa kancinane. Inkcubabuchopho kwaba bantu baphaya yasixelela into yokuba ngokusezinyasweni akukho zindlela zintsha ezikhe zakhiwa kule minyaka ngama-30 idlulileyo. Ngoku ndakhawuleza ndacinga wena kuba yeyona nto udla ngokusixelela yona apha ukuba la rhulumente ugqithileyo ebesoloko esakha iindlela. Wena uyivalile loo nto leyo. Ndibe nombuzo endiwubuzayo phaya ukuba njani kuba nazi iindlela, inazi neeKoeberg? Yathi inkcubabuchopho lena into yokuba ubokuqwalasela into yokubana noba ibiyigrabile noba ibiyindlela enjani na iye yaphuculwa yafakwa itela yenziwa ntoni ntoni, hayi ukuba kukho indlela entsha eyakhiweyo. Ndithi mandiyichaphazele lonto leyo kuba yeyona nto leyo sidle ngokubethwa ngayo apha nguMphathiswa ukuba benisakha iindlela ezintsha. Kutsho inkcubabuchopho ke andazi ke Mphathiswa. Kukho ke nale nto ndirhalela ukuba lo rhulumente wamaBhulu ayiqwalasele. Ngulo kaloku usiphetheyo. Mnye kaloku urhulumente osiphetyeo apha eNtshona Koloni. U-Amikal Kalil Gibran wayekhe wathi “Tell no lies, claim no easy victories”. Lo rhulumente ke ukhokhelwa nguwe ke Mama noko unento omele uyifunde apho. Zininzi izinto ezimbhetshe bhesthe ebesikade sizibona siziva zithethwa ngulo rhulumente kwaye zityatyekwe kuthethwe izinto eziqaqambileyo. Yile nto ke ndithi bathi abelungu “One that too often purports to speak the truth may well crash it by stretching it a little. Even if it is moderately distorted it remains the most dangerous untruth”. [Translation of isiXhosa paragraphs follows.]

3196 MONDAY, 6 DECEMBER 2010 [Mr M SKWATSHA: Thank you, Mr Madikizela, I can see this is bad news. You must know that as a man you are with white people here who used to oppress us. Those with us are so clever. Yes, they are clever. First of all, Deputy Speaker, on that issue raised by the Mr Ncedana, that of the EPWP, those works. I want to emphasise that, because that issue of the EPWP is important, Deputy Speaker, because it is the issue which can help kick the wolf out of the house, especially for us as the poorest of the poor. Another thing which needs emphasis on the EPWP is that it is going to be important that training should be the main focus so that people who have been involved with the EPWP are not just left on the streets after leaving the programme. There must be left with something in relation to the skills. Yes, you are beautiful, Premier! You are beautiful, Premier! You know, on this issue of the streets, we once visited Koeberg as the standing committee when we found something which I want the Minister to keep in mind and I have noticed that it makes me think. The technician who was among the people we found there told us that there were no new roads built during the last 30 years. What came to my mind was that we are always told that the past government was always building roads. And he has stopped that. I had a question as to why because there were roads in Koeberg. The technician told me that one will notice that at first it was a gravel road and it was then tarred, not that there is a new road built. I just want to mention that the Minister is always reminding us that you were always building roads. This is said by the technician not me, Minister. There is also this thing which I would like this white government to look at. It is the one who is ruling us. There is only one government which is ruling us here in the Western Cape. Amikal Kalil Gibran once said: “Tell no lies, claim no easy victories”. This government led by the Premier has one or two things to learn from that. There are so many beautiful things we have heard being said by this government and they mention bright stuff. Hence I say white people often say, “One that too often purports to speak the truth may well crash it by stretching it a little. Even if it is moderately distorted it remains the most dangerous untruth”.] Ndiphakamela ukhe ndibuze ezinye zezinto ezithethwe kolu hlengahlengiso lolwabiwo-mali ukuze ndiphakamise nezinye nje izinto ezimbalwa.Uyazi eyona nyama ibolileyo erhintyela umqala walo rhulumente weDA. [I rise to ask about some things mentioned in this adjustments appropriation so that I can raise just some few issues. The biggest piece of rotten meat around the neck of the DA Government is what is called IRT. This thing has its name, in fact, changed to “See the rust take over”. More than 40 brand new buses.] Nini kaloku awuyazi, Mhlekazi? Nini abachonge ukuba mayibe phi. [It is you, don’t you know, sir? It is you who chose where it should be.] †More than 40 brand new buses are standing still, unused, on the Foreshore under a bridge next to the Cape Town Harbour collecting dust and rust. There is also no banner at the end of the incomplete fly-over. It is all because this DA Government deliberately ignored the warning signs and did not check the facts and figures as it should. ] [Ayisayi nokuya eAtlantis lonto leyo, yayisisithembiso nje lo nto, Nkulumbuso.]

MONDAY, 6 DECEMBER 2010 3197 Instead of serving the poorest of the city this thing has just arrived as an elitist mode of public transport which goes to and from the airport. Imali ethe nexesha elimele ukuba lisetyenziselwa ukuphucula abantu bakweli Kapa ngekungcono ukuba uMphathiswa wayeqwalasele wakhe wabona into yokuba ugudisa ndawoni na kula nkqubo kwakusithiwa yiKlipfontein Corridor. La nkqubo leya, Nkulumbuso, yeyona ibiza kunceda abona bangathabathi ntweni, iimpula zikalujaca, amakhembence, abantu bakuthi ekufuneka umgangatho wabo ube ngathi uyaphakanyiswa. Asikwazi ukuthetha ngoluntu lwamathuba avulelekileyo sinale mbali sinayo. Besixoxa lo nto pha ndibonisa uMnomzana Eloff ngalo nto ekuseni kuba noko uyafuna ukhe umbonise kuba akayazi kakuhle into yemeko yalapha eMzantsi Africa ukuba injani na. [Translation of isiXhosa paragraphs follows.] [The money and the time which should have been used to improve the lives of the people of Cape Town would have helped if the Minister had considered to strengthen what was known as the Klipfontein Corridor. That programme, Premier, would have helped the poorest of the poor, the have-nots, men on the street and our people who deserve to be uprooted. We cannot talk about open opportunity society with the history we have. We were discussing that with Mr Eloff this morning because I have to inform him about certain issues because he is not aware about the South African circumstances.] Mr Eloff does not know whether the silver spoon privileged of Blaauwberg and surroundings will take to this bus system instead of using their own independent cars. We might soon see the IRT becoming a white elephant. I think the Premier was not listening to me when I was actually making the point that she is making. We saw an expensive full page full colour advertisement in local newspapers punting the MyCiTi service, enticing airline commuters to take this bus. Even rate cards are offered. We will have to hold our breath to see whether this is going to work with more than 50 daily trips on offer, mostly running empty. Really, this is becoming an ambitious effort, despite all the hard work and good intentions that the MEC might have. But the airport circuit is not the only one that needs to be serviced. The rest of the trunk route to the western suburbs, and the many expensive buses, are costing a lot of money. Is it possible that this government will be able to give life to this lifeless creation it really mooted by choosing that area with so much energy? Or will we hear what a success story it is and how beneficial it has been to have the infrastructure and buses doing nothing? It sounds like the kind of savings we’ve heard about, also in this department, one of which was the revamping of the provincial building. Ohloniphekileyo uMphathiswa uye wathi wabhalela kumaphephandaba. [The hon Minister wrote to the newspapers.] †The DEPUTY SPEAKER: Order! Your time has expired, hon Skwatsha. †Mr M SKWATSHA: Can I complete the last sentence? †The DEPUTY SPEAKER: Yes.]

3198 MONDAY, 6 DECEMBER 2010 Mnu M SKWATSHA: Bendifuna ukuthi enye into esasiyithenjisiwe apha yiNkulumbuso yinto yokuba, le nto yezibane eziluhlaza ayizi kuba khona. Kodwa ngeziveki ziphelileyo nje sivile into yokuba uMnumzana uBotha ebezisebenzisa. [Translation of isiXhosa paragraph follows.] [Mr M SKWATSHA: What I wanted to say is that one of the things which we were promised by the Premier is that the issue of using blue lights will no longer be there. But we hear that during the past weeks Mr Botha was using them.] †The DEPUTY SPEAKER: Order! The hon member’s time has expired. Mhlekazi ixesha liphelile. [Your time has expired, sir.] Order, hon Skwatsha! Members, … [Interjections.] Ohloniphekileyo Skwatsha, endifuna ukutsho ke apha kwiNdlu kukuba iintetha esizenzayo kufuneka sizilumkele. Asisenambutho okanye uRhulumente wamaBhulu apha, okanye urhulumente wabantu abaMnyama. Inzolo! URhulumente okhoyo ngurhulemente okhokelwa yi-DA norhulumente kazwelonke ophethwe yi-ANC. Ngoko iintetha ezinjalo kumele ukuba sizikhwebule kuzo. [Translation of isiXhosa paragraph follows.] [Hon Skwatsha, what I want to say in this House is that we must be watchful of the statements we make here. We no longer have a white party or a white Government here, or a black government. Order! The Government we have here is the one led by the DA and national government led by the ANC. Therefore we should refrain from such comments.] †Mr M SKWATSHA: Can I address you on that? The DEPUTY SPEAKER: Order! †Mr E J VON BRANDIS: Mr Deputy Speaker, the South African National Roads Agency is deemed one of the country’s most effective government agencies on a national level. Even though it manages a mere 16 000 km of South Africa’s 600 000 km road system, it does not shy away from spending money to get the required results. This past year it issued R18,6 billion in contracts for road construction and maintenance work. In the Western Cape our provincial roads network forms an integral part of the transport system in the province. Our provincial roads network consists of approximately 32 000 km, of which almost 80% are gravel roads. An estimated 68% of our people use their own cars to get to work. It is therefore understandable that R187,583 million is adjusted for road infrastructure. The special focus will be on the improvement and upgrading of roads in the province. Addressing the maintenance backlog that has been neglected for so long has also become a priority. The aim of transportation is to provide safe and efficient service for the movement of people and goods. It also needs to be one of the components that is physically and functionally integrated with other activities and other services in the province. The inefficiencies of our current transport system have significant negative impacts on the economy, society and the environment.

MONDAY, 6 DECEMBER 2010 3199 Congestion, particularly through increasing private car usage in Cape Town, causes a loss of millions of rand to the provincial economy. High accident rates, with significant pedestrian involvement and high numbers of fatalities, increases the burden on hospitals, medical and social services and results in a loss of productivity to the economy. Mr Deputy Speaker, the joint efforts of the Departments of Transport and Community Safety with establishing the Safely Home Campaign, has already seen a decrease of approximately 12% in deaths on our roads. It is evident that this government is committed to being proactive when tackling the problems and consequences of our transport system. The solutions to the inefficiencies are two-fold, freight transport and public transport. To drastically reduce the road maintenance burden we must re-invigorate rail as a major carrier of freight in the province. The restoration of rail is a key imperative for this province. Railway lines mirror all our major roads. With regard to public transport we need a system that is affordable, accessible, interconnected, safe, sustainable, scheduled, frequent during peak periods and operating at least 18 hours a day. This said, the incidents on Wednesday 1 December 2010, where more than 150 000 commuters were left stranded through an unannounced strike action of the Metrorail workers, are inexcusable and criminal. To deprive people of the opportunity to make a contribution to their families and to the economy of the province, should not be allowed and tolerated. One of the important economic and social trends that shaped the transport dispensation is that the demand for public transport requirements is driven by the government’s policy aimed at ensuring economic opportunity for all citizens, coupled with its policy to provide basic personal mobility for all. I support the Adjusted Estimates of Vote 10 and thank Minister Carlisle, Mr Fourie and the officials for their work and effort. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Madam Chairperson, I can only assume my staff are working very hard! [Interjections.] No, no, no, we’ve got a lot of “flying fish”. Madam Chairperson, if I can start with hon Ncedana and the question of the Expanded Public Works Programme (EPWP). I see he’s not here. This was also raised by the hon Skwatsha so let me deal with them together. Understandably, both of them say they’d like to see more of it and both of them say, quite correctly, that they would like to see a greater contribution of content of training. Let me say – and I would really like to engage the ANC and the other oppositions in this – that we have a hard thing to decide on in front of us and it would be better if we decided on it together. We can create many jobs with very little training, or we can create fewer jobs with a lot of training. I have to say to you that my own inclination is the latter.

3200 MONDAY, 6 DECEMBER 2010 Basically, as I see it, you have three buckets. You have a bucket here of people who are unemployed and have no skills; you have a bucket here where training can occur; and then you have a bucket here of employees. And the only way you’re going to get people from the first bucket to the third bucket is if they get enough training in the second bucket. But if we are going to give them enough training then we have to reduce the numbers. And it’s a very serious and important discussion that we need to have. There’s nothing political about it. It’s a very serious and important discussion. I think it’s a very appropriate one for one of the committees to discuss to see where we go with it. One of the things that bedevil the EPWP is political parties trying to claim the jobs. This is just what you don’t need with EPWP so we are going to extraordinary lengths in this regard. I put a proposal before Cabinet, it wasn’t enough, and we’re looking at it again. We are absolutely determined to get the job distribution in respect of EPWP beyond political fingers. And again, we would look to other parties to support us in this. The hon Ncedana spoke of the off-ramps, particularly Spine Road and Mew Road, and suggested that perhaps because whites had built them in those days they hadn’t taken into account what blacks needed. I don’t think that’s a fair comment and it’s not the correct comment. The problem is very simple, and it’s not happening just on Spine and Mew Roads; it’s happening on all our off-ramps. As traffic builds up on the freeways at peak hour where there’s an off-ramp, you’re actually getting traffic backing back into the freeway. That constitutes an extremely dangerous situation. Until we can get traffic off the road and onto public transport, I don’t really have answers for that. But it’s an extremely dangerous situation. This occurrence is much worse on the N1 actually, from Okavango onwards, than it is on the Khayelitsha side. Lookout Hill is a municipal road and I am not quite sure why there should be accidents there. There are good approach roads to it; it’s a four-way stop street, so I don’t quite know why that should be. [Interjections.] †Mr M OZINSKY: There should be a robot there. †The MINISTER: The hon member says there should be a robot there. When I talk to the experts, of which I’m not one on roads, they are quite dubious about robots when there are quite fast approach roads coming up to the robots. We’ve got exactly the same controversy arising with the new intersection on the N2 below Sir Lowry’s Pass with the road down to Gordon’s Bay and the road to Sir Lowry’s Pass Village; we have exactly the same thing there. The R27 is another place where they want a robot. When I declined it, on the advice of my experts, they all told me they’d joined the ANC! So I want to tell Mr Skwatsha that there’s possibly a large branch waiting for hin in that part of the world. [Laughter.] Then we come to the hon Skwatsha who, for some reason, decided to favour us with a bit of whites and a bit of oppression and so on! But whites and oppression don’t come into my budget; you’ll have to find somebody else’s budget to raise that in.

MONDAY, 6 DECEMBER 2010 3201 He also raised the question of EPWP which I’ve dealt with. I wasn’t quite sure that I fully understood his point on Koeberg and the roads over the last 30 years. The question of roads to me is very simple. In a city like ours there is no solution by building roads for private traffic. If you want the evidence for that there is Hospital Bend. It is a beautiful job, an outstanding construction job, but the backlogs at peak hour are just the same as they ever were. And, in fact, all that happens is that as you spend money on roads, when you don’t provide public transport, you grow motor cars. Let me make my policy clear. My policy is no new roads, but where we’ve got money to seal a road we will do that because that is extending the life of that road quite substantially and the economics of it are good. The hon Skwatsha raised the question of the IRT which he said was corrupt. I’m not aware of anything corrupt in the IRT. But let’s just talk about it because I think it’s important. First of all, there’s a myth that this is there for the sole purpose of the rich whites who live in Table View. First of all I must tell you that Table View and Parklands probably by now have a majority of non-whites living in them. So that’s not true. [Interjections.] Non-whites. HON MEMBERS: What are they? The MINISTER: What do you mean “what are they?” The key thing about this that the hon member must take into account is that this particular IRT is going to drain Du Noon and Atlantis, and nobody in their right mind would describe Du Noon and Atlantis as the abode of upper-middle class whites. †Mr M OZINSKY: [Inaudible.] It doesn’t go to Atlantis. †The MINISTER: But it’s going to go to Atlantis. It doesn’t even go to Milnerton at this stage, but it’s going to go to Atlantis. [Interjections.] No, nothing is going anywhere; there are just roads. But let me explain to the hon member. When you build specific roads for a BRT it is not necessary to build them where there is no congestion. From Atlantis all the way through to Bayside there’s no specific congestion. You will use the ordinary road there. You will have your bus stations in Atlantis and they will be fed with people coming in. They will get onto the trunk bus and come down the trunk route, but it is only from Gateside onwards that you need a specific dedicated road for the buses. That’s where the congestion is and that’s where the buses will go screaming past the cars as they sit in their long queues. Bayside is also the key nexus where, for instance, the Du Noon commuters will come in and connect with the trunk road. It is nonsense to describe it as something for whites only. The hon member Ozinsky refers to the 40 brand new buses doing nothing – it’s actually about 69 buses doing nothing. The choice was a difficult one – and we must bear in mind the money for this came from national government. [Interjections.] †Mr M OZINSKY: You must lend … [Inaudible.] †The MINISTER: No, no, he says you must lend them … [Interjections.] He doesn’t listen.

3202 MONDAY, 6 DECEMBER 2010 The DEPUTY SPEAKER: Order! The MINISTER: He doesn’t listen. He invents ahead of everything. They instructed us, having given us the money, to have those buses ready for 2010 in the full knowledge – by national government – that the road would not be ready at that time. So we had no alternative, in terms of the money they had given us, but to purchase those buses. So you must address your complaints to my national boss Mr Ndabeni! And you must go and say to him at the next ANC meeting: How dare you do that? You can’t say to … [Inaudible.] … how dare you do that. [Interjections.] †Mr M OZINSKY: The bus to the airport … [Interjections.] †The MINISTER: The bus to the airport? The DEPUTY SPEAKER: Order! The MINISTER: Perhaps there’s not a great call for them, I don’t know. [Interjections.] †Mr M OZINSKY: So why did the City waste money? The DEPUTY SPEAKER: Order! †The MINISTER: We note that the ANC call for the end of the bus service to the airport; I will convey that to the City. The hon member raised the issue about the Klipfontein Corridor. The problem with the Klipfontein Corridor is a very simple one. It is a major commuter corridor. But the Klipfontein Corridor, as the hon member knows, was conceived in sin; he knows that. [Interjections.] It was conceived in sin. What happened is that all sorts of people went to South America and the South Americans said: When you put in a bus way all the prices of property go up. [Interjections.] †Mr M OZINSKY: So that’s why you did … [Interjections.] †The MINISTER: So they said: Oh, we know exactly where to do it! [Laughter.] We’re going to do it in Klipfontein and we’ll tell all our friends about it and tell them to buy property along this route. But, in fact, hon Skwatsha, to have put a full bus way in Klipfontein, we would have bankrupted the nation. It would have cost of fortune because at the end of Klipfontein Corridor, where would it go? You would’ve had to build an elevated bus way into town, elevated at R280 million a kilometre. [Interjections.] †Mr M OZINSKY: You could’ve joined this existing bus way. †The MINISTER: No, you can’t, it’s miles away from it; your geography is suspect, hon Ozinsky. [Laughter.] Your geography is suspect. The DEPUTY SPEAKER: Order! The MINISTER: Klipfontein Corridor is an important corridor where we will be making small adjustments to speed up bus and taxi traffic. But the key rapid corridor lies next to Klipfontein Road, and that is the N2, and there you will very quickly see the bus lane extended on the incoming route and the bus lane initiated on the outgoing route. Klipfontein Road will help the poor, there’s no question about it; the N2 expressways will help the poor a lot more.

MONDAY, 6 DECEMBER 2010 3203 It was said that we can’t have the open opportunity society with the history we have. Amir … [Inaudible.] … who is, if you like, the philosopher who lies behind the open opportunity society, lives in India. He lives in a place in India that was much worse affected than we were by apartheid. He was affected by both colonial apartheid and other things. It was precisely there that he made the open opportunity society work, to the extent that the state in which he made it work is now the richest state in India. So, on the contrary, it is precisely because of our apartheid past that we require the philosophyof the open opportunity society. If the hon Skwatsha wants to look for an open opportunity society – and I’m not saying it’s perfect – he should look at the taxi industry. There it is. [Interjections.] He laughs. [Interjections.] He laughs, sir. [Interjections.] I can control them, and I am controlling them. You should ask the hon Skwatsha; he’ll tell you. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: But it is the kind of society in which people take responsibility for themselves and they work hard and they take risks, and they don’t look for government handouts, and they bring their kids up with ... [Interjections.] †The DEPUTY SPEAKER: Hon Ozinsky, your interjections are too loud. [Interjections.] Order! †The MINISTER: The hon member raised the question, briefly, about the provincial building. This was essential because whoever built it – and it was actually even before the ANC’s time – put these concrete panes on it that weigh about a ton each. I think there are 600 or 800 of them, and they are falling off. There is no question that we had to do something about it. When we decided to do something about it – and it was actually decided by the previous government to do the first part of it – we also decided at that time to concentrate the access to all of these buildings in one place. It actually is a pain in the neck for anyone coming here to try and find the different bits and pieces to get in here. So access to all sections where the province deals with the public will be concentrated under the arches. That will also offer an easy access up into the three buildings. We were able to do this because the contract came in at R35 million less than we estimated it to be. †Mr M OZINSKY: Was it a tender? †The MINISTER: A tender, yes. The provincial building is going to be very good. Mention was also made of the blue lights. I keep hearing stories about people and their blue lights, but I do not know how Minister Botha puts on his blue lights because he has not got them; we took them away! None of them have got blue lights anymore. [Interjections.] They have no blue lights. †Mr M OZINSKY: Where is the law you were going to … [Interjections.] †The MINISTER: They have no blue lights. The law is coming; we are busy with the law right now. [Interjections.] But what’s interesting is that they keep on asking, “Where’s your law?”. “You’ve got your blue lights on.” Their blue lights were on all the time! They whistled and screamed all over Cape Town when they were in office.

3204 MONDAY, 6 DECEMBER 2010 I can remember, during the time when everybody was attacking the Somalis, the hon Premier at the time and the hon Minister of Transport screaming up Silvermine, 9 cars in a row, with blue lights flashing and sirens blaring! [Laughter.] Now they say: Why aren’t you doing better at this? [Interjections.] †Mr M OZINSKY: You said you’d bring a law; you haven’t brought the law. †The MINISTER: The law is being prepared. [Interjections.] †Mr M OZINSKY: Why don’t you budget … [Interjections.] The DEPUTY SPEAKER: Order! †The MINISTER: I don’t have to budget for it. I’ve got staff and they are preparing the law. The hon Member is welcome to come to my office. I will take him down to Mr Kyle Reynecke and he can see the work that is being done on it. †Mr M OZINSKY: When I see it on the Order Paper I’ll believe it. †The MINISTER: That’s right. But in the meantime it’s being done. We will do at our pace; that’s the pleasure of being in government. We will do it at our pace. When we are ready we will bring it here, and when we are ready we will pass it here. That’s the pleasure of being in Government. Finally, I want to thank the chairman of the standing committee for his contribution. He spoke about the importance of roads. He spoke on two issues that are absolutely crucial. We have to find a way to get freight off the roads and on to rail. Our very future as a province depends on that. The outlook from the Transnet point of view is bleak in the extreme. How Transnet managed to get into the mess that it’s in, I don’t know. Why the previous chairperson or CEO of Transnet is seen as a management genius, is something that absolutely confuses me. It’s in a terrible mess, and none of it is in a worse mess than Spoornet. I can’t believe it; everything has disappeared. We can’t even find rolling stock anymore. That’s a major problem and it’s going to take a lot of time and a lot of effort to make that work. The second thing he spoke about was public transport and he gave a good definition of public transport. We need R4 billion to fix Metrorail which is the key to public transport. I think we can persuade National Treasury in due course to give us that money, but I want to make this proviso. I’ve made it publicly, but I want to say it here the House: If there is going to be constant striking, and particularly wildcat striking where nobody can make any preparations, where people discover at 5 o’clock or 6 o’clock in the morning the trains aren’t running – as I found out at 4 o’clock in the morning – then we will not get the money from National Treasury. They are not going to give us money for new trains if those new trains aren’t going to operate for so many days a year because the staff are on strike. Unless some kind of indication can be obtained from the two unions involved, and from the Metrorail management, then perhaps we have to look at a public transport system that does not depend on rail, and perhaps those striking people who have such a tough time will have to go to Gauteng or Durban to operate trains there. I just want to make that point.

MONDAY, 6 DECEMBER 2010 3205 Unless the members of the transport family in the Western Cape, and that includes the two unions, are going to have some degree of responsibility with regard to the needs of the 1½ million people who need to travel on public transport, then maybe they will find one day they will not have a job. Debate concluded. The House adjourned at 16:27.

_______________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

MONDAY, 6 DECEMBER 2010

COMMITTEE REPORT The Speaker: Report of the Standing Committee on Finance, Economic Development and 2010 World Cup on the Western Cape Liquor Amendment Bill [B 4-2010],dated 24 November 2010, as follows: The Standing Committee on Finance, Economic Development and 2010 World Cup, having considered the subject of the Western Cape Liquor Amendment Bill [B 4-2010] referred to it, begs to report the Bill with amendments ([B 4A-2010] and [B 4B-2010]).

3206 TUESDAY, 7 DECEMBER 2010 3206

PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

_________________ The House met at 10:00. The Deputy Speaker took the Chair and read the prayer.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS–see p

BUSINESS OF HOUSE

(Motion) †The CHIEF WHIP (DA): Mr Deputy Speaker, I move without notice:

That notwithstanding Rule 175 precedence be given to the First Order of the day.

Agreed to.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010] (Debate on Vote 13 – Cultural Affairs and Sport)

[NOTE TO PROOFREADER: SHOULD IT NOT BE “THE MINISTER OF CULTURAL AFFAIRS AND SPORT” BELOW, OR WAS THERE A REASON

WHY THE MINISTER OF SOCIAL DEVELOPMENT SPOKE HERE?] †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, as announced by the national Minister of the Department for the Public Service and Administration, the additional funds proposed under this item is to accommodate the improvement of the conditions of service of the Public Service in all four programmes. The amounts also include the difference of 1, 5% between the budgeted increase of 6% in the funds voted for 2010-11, and the increase announced being 7, 5%. The amounts also include the increase in the housing allowance from R500 to R800 for those staff members who qualified. Mr Deputy Speaker, for many years, during the festive season and into the New Year, a series of cultural events and competitions have taken place in both Cape Town and Western Cape towns such as Wellington. These events include the road marches associated with the “Nagkore”, The Christmas Choir, on New Year’s Eve, the “Tweede Nuwe Jaar” road march and the competitions of the various choirsculminating in the announcement of the winners of each of the competitions towards the end of February and the beginning of March. The Western Cape Provincial Government has over the last five years contributed over R15 million towards the cost of these events. This amount constitutes the largest single contribution that has been made to any arts and cultural event or project in the Western Cape during this period. Furthermore, it does not reflect the cost and contributions made by City of Cape Town and other local authorities, such as Drakenstein Municipality, or by sponsors of individual groups which contribute to the successful hosting of these events.

TUESDAY, 7 DECEMBER 2010 3207 *Since I took over the reins in September 2010, I have become thoroughly aware of the great number of challenges facing the various troupes of minstrels and Christmas and Malay choirs, but especially also the authorities to ensure that this series of events and competitions proceeds without noteworthy incidents. Although the events and competitions are a cultural expression and a living heritage, it is also true that exercising these basic human rights of the participants has a direct influence on the human rights of other people, including those of residents of the areas, businesses, etc, through which the marches take place. †Mr Deputy Speaker, not least of these challenges is the new Safety, Sport and Recreational Events Act, Act 2 of 2010 that became enforceable on 2 August 2010 and requires specific measures to be put in place to safeguard the physical well-being and safety of persons and property at events held in stadiums and venues or as processions or along the route where 2 000 spectators or participants are involved. The Act further states that organisers of such events must place the broader interests of these spectators and participants above their own narrow interests, particularly with regard to the promotion and maintenance of safety, security and convenience of persons who attend these events. To ensure the successful staging of these events, a number of important logistical arrangements must be made. This includes arrangements for traffic flow; safety and security of participants and spectators; business opening hours; available resources; emergency services personnel; the impact on local residents; and preserving this living heritage, amongst other things. The authority for a permit for such an event to be issued lies with Commissioner of Police or the person to whom this power has been delegated. Other permits will be issued by the local authority in terms of the bylaws of the City of Cape Town for major events. I can assure members of the Legislature that my department is working very closely with the various municipalities and the South African Police Service to ensure that there is compliance with the requirements of the new legislation. Mr Deputy Speaker, during the debate on the main Budget, my department indicated that there is a shortfall in the transfer payments in Programme 2 to arts and culture organisations and that additional funding to make up the shortfall will have to be sought. This shortfall resulted in a 2010-11 budget cut of R27,5 million for Vote 13 and forced a savings that the department had to accommodate. Subsequently in the main Budget of the Western Cape Provincial Cultural Commission tabled at the time, provision was made for a transfer of R3 million from the Cultural Commission to the department to accommodate this shortfall as a once-off payment. The amount of R3 million is made up of funds received from Votes, voted funds from the provincial revenue fund over the last decade and an accumulated interest which, for various reasons, could not be paid out to the to the beneficiaries or be used for the purposes originally intended. In some cases the funds were earmarked for arts and culture organisations that applied for funds, but which at the end were not able to account for allocations previously received and thus forfeited these allocations.

3208 TUESDAY, 7 DECEMBER 2010 The single biggest amount of R2 million was that which was made available as the first of a proposed 3-year MTEF allocation for the development of a provincial arts and culture facility in 1999. However, the project did not materialise due to the fact that no further allocations from the MTEF budget was made available for the project. It is thus these funds that the department is utilising to make up the shortfall in the transfer funds for arts and cultural organisations. It must be noted that all the accumulated funds received from the Provincial Revenue Fund by the Western Cape Cultural Commission are included in this amount and that no funds are available for further bail-outs in the future. Mnu M NCEDANA: Besicelile,Sekela Somlomo ukuba mayilungiswe le nto kuza kuthetha mna. Sekela Somlomo, lo mcimbi andiqinisekanga into yokuba ingaba xa kuthethwa ngeli qumrhu, liqumrhu elifanele into yokuba linako na ukwazi na ukuwenza lo msebenzi. Ngoba xa sijongile ezincwadini kukho imali engange 9,5% ethe yabekwa okanye ukuhla kwinkcithomali xa uthelekisa nenkcithomali yonyaka ongaphambili. [Translation of isiXhosa paragraph follows.] [Mr M NCEDANA: Deputy Speaker,we have already requested this to be rectified because I am the one who is going to speak. Deputy Speaker, I am not sure when we talk about this issue because I doubt whether this entity is capable of doing this job.If we look at the books, we find that there is about 9,5% of money which has been set aside or there is underspending as comparedto the expenditure of the previous year.] †This is a worry, Minister. I hope in your endeavour to improve we should see more improvement than a decrease in improvement on expenditure. The second part is when you talk about the issues of sport and recreation, there is an under spending, in fact, your expenditure during the past six months is hopping between 25% and that again is an underspending. It is a worry from our side because we would have expected that this department will spend, in particular, when you go to the issues like libraries, where we know there is a whole complaint of not enough books in libraries. So, I am not sure what may be the reasons that we are unable to spend on that field. Maybe you would have a better explanation or perhaps you will have a better plan so that in the next six months, when you come to the end of the year, this money would have been spent in particular on these three critical areas. Mnu Z C STALI: Nam ndiyabulela Usekela Somlomo. [Mr Z C STALI: I also want to thank you,Deputy Speaker. †Minister, I’m not sure of where to start, but let me start with my main topic about this department. As you know, maybe I can use this opportunity to assist you in motivating that factor, because a major problem when it comes to the Department of Sport, Arts and Culture, each and every year when it comes to the budget, it is a department that is always being under-budgeted for.

TUESDAY, 7 DECEMBER 2010 3209 The complaint is always a number of requests for money, a number of projects that are unfinished to which we have just alluded now, but the main problem is that the money is not enough. We need to critically look at that question. Why is there no money; is it because sport, arts and culture is not taken very seriously by the province, or even by the country for that matter? Is it because we are not expecting much from this department or is it because we are unable to motivate our case so that we can be given enough money to run our projects. The problem here is that I think we need to change the look of our programmes in order for us to be understood by Treasury. As long as we are still driving this department as an events specialist, no one is going take us seriously. Currently, we are focusing more in terms of doing events management as a department. Currently, we are being taken by the public out there as donors or funders, so when people are looking for money, they come to this department. Everybody, if you have a small project you come to this department. If someone has got a cultural group outside there, you would think about the Department of Sport, Arts and Culture. Are we changing the lives of the people out there if we are giving money like that? That is the questions I am asking. Now, a large part of the budget of the Minister, for instance, R66 million is given to NGOs, sport federations and cultural activities. Are we able to develop a monitoring strategy as a department? Maybe you must say yes, because they are able to come and say that this is their financial statement and this is how we spent the money. Can you convince Treasury and say that we have managed to change the lives of the people, we have intervened on issues of crime as the department and we have intervened on issues of development to our society as the department by giving money to that particular federation or cultural group of Mr So-and-so. They give back the report as to say how they have spent the money but are you convince in saying that as the department that have got a responsibility to make sure that we are able to change the society and intervene in arts and culture and sport as a department? The answer is no. I can give you one example. We have one major event that we are supporting, Cape Town International Jazz Festival. Who attends that event? What contribution are we making to the poorest of the poor outside there? The majority of the people who attend that event are the rich people and the elite. Some of them are actually supported by their companies, but you still give money to that effort. How many local cultural groups are invited to participate in the North Sea Jazz Festival? How many groups that you have developed as a province who are coming out of that event, whom we can be proud about and say that these are the people who have been participating since the beginning of this event and they are now going all over in the country? If you go to the Grahamstown Festival, you will see cultural groups participating. Some are doing plays, others are doing arts and culture, others are doing markets on the street but at the end of that event, there is something to put on the table for each and every member of that community. Some people are coming from all over the country to participate there and they take home money at the end of the event.

3210 TUESDAY, 7 DECEMBER 2010 I have also attended MacufeFestival in Bloemfontein. It puts food on the table for that community for the entire two weeks. You can point out groups that have mushroomed out of that activity who are now all over the country as artists, but they started there. Why don’t we think of creating something like that in this province as well? We have a number of them - the KKNK, you name it. Can you say that this is our creation as a department? No, you can’t. I have been Rio de Janeiro. There is something called Rio carnivals. Go there and spend time with them. During the course of the year each and every participant in this event is busy creating their costumes, doing some employment so that they can have something during the course of the year. The schools are involved, communities are involved and even on the day of the event everybody participates. It is not selected for only a few individuals. Those are the kinds of events you are supposed to be involved in as the department so that you can be proud and say, “This is our own creation.” Let’s come to sport. Beside school sport, which is a good initiative of the department, what else do we have? In Cape Town we have a serious problem, especially during the winter time. Even tourism goes down. We have a stadium here and we all worried about what is going to happen to it because we cannot afford it. If you look at other provinces, you see these tournaments that are taking place during that time of the year. Instead of taking money and giving it to these big companies, why can’t we create our own activities? There is something called cultural tourism. There is something called sports tourism. Now we are spending funding on the Big Walk, a once-off event. It is done once and then it is gone. With the Argus Cycle Tour, people are coming from all over the world to participate. They cycle merely for one day for two hours or so and then they leave. Gone! There is nothing that is left here. We have young kids who want to cycle. Why don’t we develop them and ensure that this is an event that we are going to support and then sustain it? If you develop 100 kids in this province and you make sure that they are participating in these events and you insist that they are involved in that event without paying a cent then at least after five years you will be able to say that you have champions that have been developed by this department. [Time expired.] *Ms J L HARTNICK: MrDeputy Speaker, the main purpose of the Department of Cultural Affairs and Sport is to accomplish excellence and inclusivity in sport and culture in the different communities and also to identify talent in the Western Cape. The departmenthas succeeded in conducting numerous projects, and with the additional funding which has now been made available, so many more citizens will be reached and opportunities will be created for all. By promoting sport and culture, some of the social problems in our province will be addressed and eliminated.The annual funding of the Cape Minstrels, as well as the Night Troupes and Christmas choirs is highly appreciated. It is a cultural heritage that has to be nurtured and extended. Mr Deputy Speaker, it is this department that gives communities throughout the Western Cape access to cultural and sports activities, as well as libraries. I wish to thank the present Minister, Dr Ivan Meyer, and Mr Sakkie Jenner, the former Minister, for their valuable contribution to this department.

TUESDAY, 7 DECEMBER 2010 3211 *Mr P C MCKENZIE: And the Ministers prior to these? *Ms J L HARTNICK: I am referring to the two I have worked with. [Interjections.] My thanks also go toMr Brent Walters, the head of department and his staff who discharge their obligations with the necessary passion, and for making themselves available to the committee. To all the committee members, I say thank you very much for your cooperation. Mr Deputy Speaker, the DA of the Western Cape supports the Adjustment Budget of theDepartment of Cultural Affairs and Sport. †The MINISTER OF CULTURAL AFFAIRS AND SPORT: Mr Deputy Speaker, to hon member Ncedana, he will recall that in the annual report during the Standing committee but also in the House, I reported that the Department of Cultural Affairs and Sport had spent 99, 9% of his total budget. It is the only department of sport in this whole country that was able to do so; only this department. I have analysed all the annual reports of the various departments of sport and culture and only this department was able to reach that achievement. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER: I have also decided and the matter was also discussed in the standing committee relating to the issue OF libraries and the unfunded mandates. We had numerous discussions at the Premier’s Co-ordinating Forums with the various municipalities and recently I have also met one of the Mayco members responsible for libraries. We had intensive discussions about the tools to resolve some of these particular matters. We are now busy developing an implementation protocol to deal with some of these funding-related issues in terms of the issues of libraries. There is also a more serious as matter that I also need to bring to the attention of the House relating to libraries. We are now currently busy at the Minmec level with discussing the issue of a community library Vote and, once it has been approved by Minmec it will also come to this House, because 16 years is just simply too long to have an unfunded mandate for such an important function. However, I also want to bring to the attention of this House that there are other provinces that have deliberately decided to close down libraries. That madness will never happen in this province, because we value knowledge, we value education and we cannot close libraries simply because there is an unfunded mandate. [Interjections.] Mr P C MCKENZIE: [Inaudible.] The DEPUTY SPEAKER: Order! The MINISTER: We have taken a political decision. [Interjections.] There was political leadership in this House by this government not to close some libraries. There are libraries that this people from this House where they bought Mercedes Benz of R1 million for all the Cabinet members, they have decided to close libraries. This member, who belongs to this party, their Premier, bought 11 Mercedes Benzes from R1 million each.

3212 TUESDAY, 7 DECEMBER 2010 They spent R11 million on cars for members of the Cabinet in the Free State. Yet, they went on to close libraries. That is the leadership of that party. [Interjections.] †The DEPUTY SPEAKER: Order, hon members! Your interjections are too loud and I can’t hear the Minister. [Interjections.] Order, hon McKenzie! Your interjections are too loud. Order, please! †The MINISTER: Where I do agree with hon member Stali is that one must conduct social value impact assessments and I do agree with him that we need to significantly improve the monitoring and evaluation framework and on that I have already agreed in the Standing Committee of Cultural Affairs. Hon Stali, thank you for this matter that you have raised. You have raised this matter with me in the standing committee. As a member of the standing committee I will submit to you, through the chairperson of the standing committee, a new draft funding policy and I would look forward to your meaningful input into that particular process, because I do agree that this policy needs to be reviewed. The government has also … [Interjections.] Yes, the matter raised by hon member Stali is whether we give enough funding for the budget for cultural affairs. We made a deep and hard analysis of that question and I have had personal discussions with the hon Stali on this matter. The conclusion is that the answer is no. Therefore I have held discussions with both the Premier and the Minister of Finance and Economic Development about the fact that we cannot continue with the current budget of the Department of Cultural Affairs and Sport if we are serious about cultural affairs. What we have done, and I want to thank the Minister of Economic Development and Finance and Tourism, Minister Winde, because he has now agreed that we need to flag a few critical interventions in terms of cultural affairs and we have prioritised it in the next cycle. In addition, we are now doing joined planning and budgeting with the City of Cape Town with regard to this particular matter. We agree that we must see culture as a tool to stimulate economic development and I have been in discussions with Minister Winde about sports tourism and cultural tourism. There is a huge potential for cultural tourism, not only in the West Costs, but, significantly, there are also very interesting plans that Minister Winde has discussed with me regarding cultural tourism routes from … †Ms E PRINS: From Oudtshoorn. †The MINISTER: Including Oudtshoorn. [Laughter.] The DEPUTY SPEAKER: Order! The MINISTER: Mr Deputy Speaker, I also agree – and the Cabinet has agreed – and we have adopted the approach that we must turn the carnival into a world-class event. One cannot turn the carnival into a world-class event with one month of planning and therefore we are having some deep discussions about turning the carnival into a world-class event. However, it will require world-class events management and planning as well as very good financial governance.

TUESDAY, 7 DECEMBER 2010 3213 Therefore, I want to announce in this House that we will have such a planning session in March to discuss the way forward in terms of the Kaapse Klopse because I believe that you can draw more significant sponsorship if we turn it into a world class-event. It is a tragedy that we were able to put up a world-class soccer event here in Cape Town, but our own people of the Western Cape also need that same type of service and this government is committed to doing exactly that in the new year to come. I do agree with hon member Stali that school sport is very important and very significant and that is why in this financial year the Department of Cultural Affairs and Sport has built extra classrooms at the sports school in Kuils River using its own money. Hon member, I think we will continue with big sports events such as the Argus Cycle Tour and the North Sea Jazz festival, because they receive major sponsorship which is part of the biggest investments in the Western Cape. Something like the Argus Cycle Tour is not only a once-off event. I was in Stellenbosch on Sunday morning at five o’ clock. There was a cycling tour in Stellenbosch and those people were already busy preparing for the Argus tour. The Argus tour is not something that happens only on one day, it already starts some time before as people have to prepare. That is what we do. [Interjections.] †The DEPUTY SPEAKER: Order, please! Mr P C MCKENZIE: [Inaudible.] *The MINISTER: I cannot assist. I will make a donation for a bicycle forhon McKenzie if he cannot ride a bicycle. [Interjections.] From my own budget, or from my wife's budget, I will buy a tricycle for the honmember. [Laughter.] [Interjections.] †The DEPUTY SPEAKER: Order! Hon McKenzie, I have requested you ... †Mr P C MCKENZIE: Mr Deputy Speaker,thank you very much, I appreciate and support what you are doing, but this Minister has opened a challenge here. †The DEPUTY SPEAKER: Order! May you take your seat, hon McKenzie.Hon Minister, over to you. *The MINISTER: MrDeputy Speaker, ourdepartment is also very proud of the investment in the development of sport, especially also with regard to the MOD centres, the Sharp centres and also lastly the sports school. Mr Deputy Speaker, I think, therefore, that I am going to work much more closely with the other Ministries in the future, especially with the relevant Minister of Education and the Minister of Community Safety, because I think that there is enough room to work together regarding our strategic objectives. MrDeputy Speaker, I would like to express my thanks to the Chairperson of the standing committee, Mrs Jenny Hartnick, and all members of the standing committee during the supplementary budget and during the standing committee. Debate concluded.

3214 TUESDAY, 7 DECEMBER 2010

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 4 – Community Safety) †The MINISTER OF COMMUNITY SAFETY: Mr Deputy Speaker, hon Premier of the Western Cape, Helen Zille, the hon Leader of the Opposition, fellow members of the Provincial Cabinet, and members of the Provincial Legislature, I acknowledge you all. Mr Deputy Speaker, I’m honoured to be offered the opportunity to lead the Department of Community Safety in fulfilling its critical mandate of promoting freedom and opportunity for all the people of the Western Cape by improving efficiency and effectiveness in the fields of safety and security. This we do through a process of civilian oversight and integrated community safety strategies designed to promoting police accountability and fostering good community relations. The Department of Community Safety, in addition, increases safety through road traffic safety promotions and security risk management. Today I will reflect on the adjusted estimates of expenditure of the Department of Community Safety and how this impacts on service delivery. *I want to put it frankly that although I am grateful for the increase of R1,1million, the department's budget and also functions will have to be analysed incisively to ensure that we fund the mandate we have to carry out. With this Adjustment Budget, we are providing for accommodating the increase in salary and housing subsidies that have been granted to officials. For this purpose we are appropriating R3,8million. This is the effect the higher-than-expected increase is having on our budget. †Members should be aware that the provincial government corporatised its human resources and enterprise risk management functions. For this purpose the department shifted R5,8 million back to the Provincial Treasury for allocation to the Corporate Service Centre. The department received R1,6 million from Vote 10, Transport and Public Works, to uplift the salary levels of the 38 traffic officials, who specialise in public transport Law enforcement. The retention of revenue together with savings due mainly to the late filling of posts was mostly allocated to traffic law enforcement. These funds are utilised for upgrading our radio equipment and acquiring fire arms. One of my priorities going forward is to ensure that we develop a world-class traffic safety component comprising three pillars. The one is the education of and creating awareness among all road users, be they motorists, cyclists, pedestrians or public transport operators. Secondly, we want to train all traffic officials in the Western Cape so that we can employ them in local and provincial government. Thirdly, we welcome a well-equipped, motivated and effective traffic law enforcement component. Our traffic officers have already proven that they are not just inspectors with a narrow focus on driving infringements; they have also shown their value to the province in fighting crime on a broader front and in assisting with the issuing of warrants for defaulting fathers for example.

TUESDAY, 7 DECEMBER 2010 3215 We expect more from our dedicated men and women in uniform in the time to come and specifically in the festive season. I also want our security risk management component to up the ante. We must accept that the theft or loss of state assets affect the poorest of the poor. The more we succeed in securing our assets, the better services the province will be able to deliver to all the people of the Western Cape. I am a firm believer that we will never succeed in our fight against crime if we do not take communities with us. I am a community person and I will strive to empower our communities. We must adopt a whole of society approach to fighting crime. The police, traffic offers and the law enforcement agencies will be assisted by community forums, neighbourhood watches and civil society organisations in carrying out their mandate. I want to create an environment where everyone works towards a common goal, making the Western Cape a safer province and ridding it of the scourge of crime. In this fight we will have to address gangsterism and drug abuse and find a way to offer our youth alternatives. We must remove the opportunities for crime and reduce the motivation to commit crime. We need to encourage and focus on economic development so that our citizens can have proper choices. *That is why it is so important that we tackle our struggle against crime as a unit.The police are never going to crack down on crime on their own, and that is why I recognise the importance of each one of my colleagues in the Cabinet. We have heard how Dr Ivan Meyer, the Minister of Cultural Affairs and Sport, is already working together with us in a number of projects. †It is also important to emphasise the co-operation of the Minister of Education. We need to work together to find a solution. This responsibility to empower our youth to compete in the global village can never be underestimated. Education is a vital element in giving people a choice, and a choice that is not crime. *I am a great believer in youth camps and the role Environmental Affairs is playing here in making the wonder of nature and our facilities available to the youth. That is why I have collaborated with Minister Bredell to turn the De Hoop Nature Reserve into a place where we are going to hold our first youth camp. †We are facilitating these youth camps to create youth safety ambassadors in our communities. These camps identify youth from all over the province, but mostly from areas troubled by gang violence. Learners are taught skills for personal safety, environmental safety as well as community safety. The point I want to make is that safety is the concern and responsibility of all of us. The Premier has put together a formidable team. She has given us a clear vision and mandate for the province, where every person has the opportunity to for fulfil his or her potential. I commit myself and my department to that goal. Lastly, I wish to thank my department, who I see came in as a full delegation, for their hard work, for people who stand at roadblocks until very late and work throughout the night. Thank you very much to everyone and for the role they are playing.

3216 TUESDAY, 7 DECEMBER 2010 *Ms C LABUSCHAGNE: MrDeputy Speaker, as the Minister has mentioned, a shift in emphasis is currently taking place in thisdepartmentto a more effective public survey which, therefore, also results in the funds being used in another way. In thisAdjustment Budget, funds are transferred mainly from Programme 2: Secretariat of Safety and Security to Programme 4: Traffic Safety, since it is a priority area at present, which is receiving attention within community safety. The success it had in terms of, for example, fewer drivers under the influence of alcohol, has already been shown in a previous debate. The mobilising of communities to contribute to community safety by means of collaboration, and therefore by proper civil survey is, however, another priority. The organising of community organisations and civil formations into a coordinating structure we all know as the CPFs, or the Community Policing Forums, are currently the way in which this function should reach its full potential. There are a few risk factors at present that negatively affect the sustained existence and the effectivity ofthe CPFs. The first, at this stage, is the question of who is actually responsible for the administration and funding of these forums. Secondly, there are many of the civil formations and organisations that are not currently represented in the forums. The third one is that many of the private security companies are taking over a big share of the work of the CPFs.With this reference to the security companies, I do not say the inclusion and collaboration of these companies are not essential, but rather that the interpretation of each one's role, function and task is absolutely essential for the effective functioning of these forums. This brings me to the point of who is responsible for the funding and administration of the training of the CPFs?The previous Police Commissioner's interpretation was that the funding and administration of theCPFwas that of the South African Police Service, which can firstly give rise to the perception that the SAPS is fully responsible for the CPFs. The result is that there is disagreement in some of the CPFsas to who may play and interpret what role in connection with the management of the CPFs. What makes it more confusing is that if the SAPSpredominates over the management, the other organisations and bodies will feel left out and effectivity and civil survey at this level will be watered down. Secondly, MrDeputy Speaker, because of this, a lacunais created regarding who is responsible forfunding of the CPFs and thus for their equipment.During asurvey visit, among other things, during August 2010,to George in the Southern Cape, it was explained that there is a lack of equipment for thoseCPFs. What complicates the situation further, is that Community Safety is now in the role where they are responsible for the training functions of the CPFs. Mr Deputy Speaker, collaboration between the SAPS, theCPFsand the general public must culminate in an effective and efficient civil survey, and it is extremely important in the Western Cape, which is heavily burdened with crime. At this moment it creates a problem for me in the general community eventually to reach the objectives the Minister has set. We therefore also request the Minister to put this aspect on the agenda of the next Minmec, as we have already discussed.

TUESDAY, 7 DECEMBER 2010 3217 I conclude with this, and I say thank you to the Minister for his undertaking to do this. †Mr M NCEDANA: Mr Deputy Speaker, I should first start by saying it is good to see greater visibility of the police service, particularly in townships where it used not to be the case. I think that must be appreciated. [Interjections.] Mr P C MCKENZIE: [Inaudible.] The DEPUTY SPEAKER: Order! Mr M NCEDANA: Secondly, we appreciate the fact that there are more roadblocks and more people who are caught for drunken driving are being arrested. This I think is more serious because … [Interjections.] The PREMIER: [Inaudible.] †Mr PC MCKENZIE: Mr Deputy Speaker, on a point of order: An hon member in this House has used a language that is not used in this House. In this House IsiXhosa, English and Afrikaans are used in terms of our Constitution. The hon member has used a language that is not used in this House. †The DEPUTY SPEAKER: Hon McKenzie, may you take your seat. I heard the hon Premier was using isiXhosa not isiSotho. [Interjections.] That is not a point of order. You may proceed, hon Ncedana. [Interjections.] †Mr M NCEDANA: Mr Deputy Speaker, with regard to the area of the Violence Prevention through Urban Upgrading (VPUU), a programme that is more effective in Khayelitsha, I think we must commend the department for the work that it is doing there in co-operation with the City of Cape Town. However, I must also note that the community participation in that programme has since been reduced – systematically – but it has been reduced. I think that is an area of concern, hon Minister. The VPUU, since its inception, has been driven by the community working with the City. I think that is an area of concern. Of course, we see a lot of development, but the involvement of the community in the actual development is not there. I think it is an area that you will have to work on. Also, the Community Police Forums and the neighbourhood watches are the men and women who give their lives to make sure that their communities are safe. I cannot agree with spending less on those specific departments, because it is people who give up everything else to go out. They do not sleep in their houses, because they patrol throughout the night and they are always available to work to ensure that their communities are safe. Now I have been informed that the budget for this has not been spent. In fact, I can say to you that the Khayelitsha Community Police Forum, which I use particularly because I am a founder member, is almost dead. I also know that across the province there are similar situations. I am not privy to what the reasons are why these forums are not functioning in the way they used to function. Therefore I think these areas are the areas to which we would urge the government to pay particular attention. [Time expired.]

3218 TUESDAY, 7 DECEMBER 2010 †Mr P C MCKENZIE: Mr Deputy Speaker, I want to thank the Minister for his input. I firstly want to say that, after I had spoken to the Minister one or two days ago, I am glad that he has his full department here, because this was of great concern to us. In fact, I want to continue with that and say the only thing lacking in your department, Minister, is that I don’t see one single lady there. The MINISTER OF COMMUNITY SAFETY: [Inaudible.] Mr P C MCKENZIE: Yes. In fact, why must you look first? You should know. You ought to know. Don’t show me where. I am saying there is not one single lady in that senior group over there. Don’t do what Helen Zille has done with her Cabinet. [Interjections.] Please give women their rightful place. The DEPUTY SPEAKER: Order! Mr P C MCKENZIE: Secondly, I want to say that one of the things that I spoke to the Minister about two or three days ago, was that there were certain members of the department whom we have not seen at all in the standing committee. In fact, there was even a bigger concern in the last two standing committees when even the HOD was not present. I want to say that has never ever happened in the history of this House, because from the leader right down, every official ought to be in our standing committees when it is needed. Today, for the first time in this entire week, the senior corps of the department is here, which no other department has had. I want to say that it was unfortunate, especially in the last two standing committees when the HOD was not present, that certain of the answers that the standing committee got were not of a quality that one would have thought a department ought to give the standing committee. In the last standing committee meeting we interrogated the report and it – I think it was on page 53 – was full of savings here and full of savings there. When officials tried to defend the savings in the department, the CFO said that it was not savings; and he must be congratulated, because he was honest and bold enough to say that there was underspending in the department and not savings. When we hear this Minister saying how he is passionate about trying to bring down crime, which is very bad in this city and province, and is trying to do so, it is a total disgrace that this department has underspent on Programme2. Programme2 is the essence of this department, apart from traffic law enforcement. It is the essence, because the essence in this department is community safety. †The PREMIER: The essence? †Mr P C MCKENZIE: In fact, the Premier, and we are glad about it, and the hon MEC, and we are happy about it, have gone to communities and defended it and said that they would go out of their way to ensure that our public is protected. What was the result? Do you know, Premier? Every day we read in the newspaper – and you will have more information than I do – about the people who were raped, killed and murdered in our areas. We all know the story. This is the department that is an important and crucial department for bringing safety to our communities. However, what has this department done, Premier? It has underspent in this budget and not only in the various aspects of that, but also in Programme 2: Community Safety.

TUESDAY, 7 DECEMBER 2010 3219 You, Premier have been to many, many marches and you have been to many community police forums, and I supported that. The last one, Minister, was in Hanover Park, where you said that you would ensure that Community Policing Forums will get more money and better assistance, as well as the necessary equipment and resources that they need. None of that was done and the department should actually hang its head in shame, because they were allocated money that it did not use. Do you know, Mr Deputy Speaker, what they used the money for? Let me tell you, and this is what makes it even more shocking. They go to the community forums and say to the people, “We know better than the ANC. We will see that you are protected.” We know that was all lies. [Interjections.] Now let me tell you what they don’t know. When you as the DA government had the opportunity of spending the money for them, you did not. Now let me tell you, do you know what the money was used for? Do you know where the money was transferred to? The money was transferred, not to a CPF, nor to an NGO that does 24-hour service at our police stations because of rape victims and 16 days of activism, the money was sent to Chrysalis. [Interjections.] Of course I understand, because members of your own party in the standing committee said that itwas a mistake. [Interjections] Don't shake your head. You have done so. What I want to say is that you are presenting a transfer and a budget before us where you had money to alleviate problems, as the Minister said “om die doelwitte te dien”. The Minister spoke about the “ernstigheid” of gangsterism and how to help our communities in terms of drugs. Minister, here you had money and your department did not use it. Another thing that is of great concern to us is that it is not only criminal to overspend, but it is indeed criminal to underspend. [Interjections.] †The MINISTER OF COMMUNITY SAFETY: Criminal? *Mr P C MCKENZIE: Of course it is criminal. Must I say it again for you in Afrikaans? I'll say it to you in Afrikaans. [Interjections.] †They must not get a shock now, because we, the people in the Western Cape, have given them a mandate [Interjections.] *Mr H P GEYER: What did you do? *Mr P C MCKENZIE: Irrespective of "whatdid you do", let me tell you what we, as the ANC have done in this role. After you have got two new Ministers in there now, they could have found out that I have only made things right there. Nothing had gone wrong. We cleaned up there where others had made a mistake. Hold your mouth if you don't know what you are talking about. [Interjections.] †We cleaned up where they made the mess, but are they prepared to clean up now where they have not spent money? Are they prepared to do that? No, no, no. Chair! I want to say that this department has the opportunity to turn the tide. This Minister has the opportunity.

3220 TUESDAY, 7 DECEMBER 2010 None of us want to politicise crime. In fact, I told the Minister, and we have done so more and more, that we will support him tooth and nail when it comes to the point of trying to bring down crime, rape, child molestation and all those things. So, I beg of you, watch this budget. I beg of you, just as you have gone out to communities, also take a look at this department so that they will be at their post when they are supposed to be at their post. Have a look at the money that is given to you, at every single cent, so that you can come to the House tomorrow and say, “I need more money to combat crime”, and we will support you. We cannot support you if the money we have given you is not spent. [Time expired.] *Mr M G E WILEY: MrDeputy Speaker, I would like to congratulate the Minister on his first budget speech. I think he gave a very good account of himself. I also want to say that the fact that the whole officers corps of yourdepartmentis here, is an indication of the seriousness with which you are handling this vote. †On the face of it, this Adjustments Estimate is only 0,38% of the total budget and so it is very small. There are a number of positive aspects specifically with regard to the traffic-related issues. There is a major improvement in the adjustments for traffic officers and this is to be welcomed. We hope the haemorrhaging of traffic officers to municipal departments will now be halted. Similarly, the money that has gone to the traffic management centre for the co-ordination of traffic operations is to be welcomed and we certainly support it. The standing committee, in due course, will certainly go to visit the traffic management centre. I would like to congratulate the department on the very effective work they are doing in the Department of Transport with the municipal traffic police at the roadblocks, which are in operation at the moment. They are getting a lot of results on the streets. I know in some of the social clubs or social environments where I work there is a much greater awareness with regard to alcohol consumption and, in fact, it has been a bit of a wet rag for the party spirit. Most people have one drink and they go home or they turn to coke –that is a bad choice of words, I am sure. [Laughter.] Some people are rather slow today. I especially want to pay tribute to the traffic officers who are doing the work. I know that some of the Ministers themselves are on duty at the traffic roadblocks, but I especially want to pay tribute to those traffic officers who work right through the night. In my area alone on any given night there are three or four roadblocks right throughout the night in various places. It is hard and unpleasant work as people are not very happy about being stopped and are very obstreperous on occasions, but they do a good job and the message is getting through. I thank them for that and I wish them well for the festive season. There are one or two concerns. One concern is that we still need to find a mechanism whereby the fines that accrue from those roadblocks, which the officers are manning as provincial employees, must come to the provincial treasury as opposed to going to the local municipal treasury.

TUESDAY, 7 DECEMBER 2010 3221 I say this because I think we are losing an enormous opportunity to generate local funds. Obviously we are also concerned about the vacant posts that are in the department and I am sure that the Minister will be cracking the whip to ensure that those vacancies are filled. As far as the CPFs are concerned – and a lot has been said about the CPFs – in this particular Adjustments Estimate, on page 62, money is given to CPFs on the basis of donations for funerals and things of that nature. I think that it is important that the department develops a very clear understanding as to the protocol with regard to the distribution of funds for funeral-related matters as far as CPF members are concerned. Simply because you are a member of a CPF does not entitle you to get a couple of thousand rand for some relative’s funeral expenses. I realise that it is a nice gesture, but there needs to be greater clarity on that. I just wanted to touch on some points the previous speaker had made. The one thing I have learned about the hon McKenzie over the years is that as one of the longest-serving members of the House he has the most selective memory I have ever come across. It was on his watch that the SAPS demanded to take over the running of CPFs when it was so efficiently done by this department in previous years. We were one of the only provinces and, in fact, the only province in the country and it was used ... [Interjections.] Mr P C MCKENZIE: [Inaudible.] Mr M G E WILEY: I would appreciate some control of the member on the other side, Mr Deputy Speaker. This is the only province in the country, and it was used at Minmecs as an example of how it should be done, where a province went and put hand in pocket to ensure that the CPFs fulfilled their constitutional mandate. We ensured that there was clean administration. We drew up a constitution and we were the only province in the country to do so - to draw up a constitution for CPFs and neighbourhood watches to ensure that they did their job. Now it has been taken over by SAPS and it is underfunded. Many of the CPFs are becoming dysfunctional as a direct result because it is in the best interests of SAPS sometimes to ensure that civilian oversight is not as efficient as it should be. We will have further debate on this matter about the attitude of the SAPS towards civilian oversight in the future. I just want to touch on a point that the hon member made, because it specifically goes to the heart of his understanding of his previous roles. He complains about the money going to Chrysalis Youth Academy. Chrysalis Youth Academy was the flagship project of this province for many years, having won international acclaim and international awards. It was outstanding. It was under the ANC’s watch that it became one of the most dysfunctional projects … [Interjections.] …

3222 TUESDAY, 7 DECEMBER 2010 The DEPUTY SPEAKER: Order! Mr M G E WILEY: … of government and a rank embarrassment, to the extent that the hon McKenzie in his term as MEC rewarded that dysfunctionality by giving the CEO of the academy an award for good administration. †Mr P C MCKENZIE: She was great. [Interjections.] †Mr M G E WILEY: She was great? No, she was great to such an extent that it was such a great project that it had to be closed. Mr P C MCKENZIE: [Inaudible.] †The DEPUTY SPEAKER: Order! Order, hon McKenzie! †Mr M G E WILEY: Chrysalis Academy is now closed, because it became unsustainable. The government is now doing its best to try to resuscitate Chrysalis Academy in a more sustainable manner that is cost effective to taxpayers. However, under their watch they turned it into such a dysfunctional administration that it had to be closed. I would love to know from the hon McKenzie: What about all those thousands of youths who could be trained gainfully in that academy but now have lost the opportunity, in many cases, to find a final chance. [Interjections.] Mr P C MCKENZIE: [Inaudible.] †The DEPUTY SPEAKER: Order, hon McKenzie! †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Then why didn’t you tell us the reason? †Mr P C MCKENZIE: Okay, I’ll tell you now. Give me the opportunity. †The DEPUTY SPEAKER: What is it, hon McKenzie? Do you have a point of order? †Mr P C MCKENZIE: Mr Deputy Speaker, it is a point of order. I am being challenged and have been asked by two members here ... †The DEPUTY SPEAKER: No, no, hon McKenzie ... [Interjections.] May you take your seat, please. *Mr M G E WILEY: MrDeputy Speaker, this is an example of how the taxpayers' money is being wasted.During all the years he has held office in thisHouseand otherHouses, he has just sucked up taxpayers' money and now he comes up with such meaningless things. †That is the problem. After all these years he doesn’t know how a House runs. He does not even know what a point of order is. †Mr P C MCKENZIE: Oh, I see. Shame! [Interjections.]

TUESDAY, 7 DECEMBER 2010 3223 †Mr M G E WILEY: It is a tragedy that the system of democracy allows people like the hon McKenzie the latitude to be able to suck up taxpayers’ money in the manner in which he did, without any accountability taking place on behalf of his own party’s disciplinary processes. I want to conclude by thanking the Minister for the co-operative manner in which he allowed the relationship between the two of us to develop and I wish the department well for the festive season. [Interjections.] †The DEPUTY SPEAKER: Order, hon members! †The MINISTER OF COMMUNITY SAFETY: Mr Deputy Speaker, I want to thank the hon McKenzie for saying let us not politicise crime, let us not politicise the safety of our communities and let us not make a joke of crime. I think it is a very serious matter and I don’t make a joke of it when we are being serious about crime. There are people being raped as he correctly said. There are women being raped and children molested, and we are making jokes in the House as very serious representatives. I want to start off with the CPFs. I want to say that in our relationship with General Lamoer, and again, it is a very serious and a constructive relationship, we are constantly looking at what the best model for the CPFs is and what is the best model for the functioning of those CPFs. There was a time when money was just thrown at CPFs. No one could account for that money and in the end the department itself got a very bad audit report from the Attorney-General, and you will agree with that. Therefore we need to look at structures and we also need to look at systems. We need to implement proper systems of accountability so that we can have some forms of adequate systems in place when we deal with CPFs. We started with the training and I think we are going to extend it. Hon McKenzie is absolutely correct. We are going to extend the way we are dealing with CPFs, neighbourhood watches and the security companies that the hon Labuschagne was talking about. All those civilian stakeholders outside are partners in assisting us to fight crime in this province. That is the first point I want to make. The other point I want to make is that safety is everyone’s responsibility. We are going to give effect to that kind of notion. I also want to say, hon Ncedana, thank you for making some points around this and also acknowledging the successes. That is the interesting point of working with all parties and we are acknowledging this with the whole Khayelitsha programme at Harare station. Here we saw how crime was reduced phenomenally after the opportunities for crime were taken away by removing the bushes and lighting up the area, but our municipal councillors and ward counsellors need to come to the party. Therefore, with the new election coming up, it is going to be a phenomenal point to see who gets elected. I am talking about individual counsellors who can go to work in their wards and see to it that bushes are cut down, whatever the party they come from. Let them see to all these things. I will really acknowledge the CPFs and I have also spoken about CPFs and neighbourhood watches and we are really looking at improving that. [Interjections.]

3224 TUESDAY, 7 DECEMBER 2010 Mr P C MCKENZIE: [Inaudible:] The DEPUTY SPEAKER: Order! The MINISTER: I think, hon McKenzie, I just want to indicate that the money that went from Programme 2 – I have no disagreement around the principle of what you are saying – just technically, went from Programme 2 to Programme 4. I want to indicate that in Programme 4 we had 3 850 drunken drivers arrested for that period for which that the money went. We had 313 vehicles weighed, and you know what the effect is of overweight vehicles on the road. We had 3 127 people caught using cell phones. The total roadblocks was 2 077. Therefore I am saying that the issue is prioritising and getting our competing priorities straight. I completely support the notion that we will focus on communities and the promise that we have made. Lastly, I want to say that the money did not go to Chrysalis. Chrysalis got its own R9 million. I want to concur with hon Mark Wiley that we are going to look at how we can generate funds. The funds that our officers are generating at roadblocks – how can that money come to our department as a form of income so that we can use it? Lastly, I want to thank hon Mark Wiley, the chairperson of the standing committee, and all the members of the standing committee. I had a very good relationship with them. I want to agree with some of the sentiments that you expressed, because I think we need to be held accountable by the standing committee, so our departments must be at standing committee meetings. Unfortunately our HOD had a prior invitation to a conference on crime and health in Scotland so physically he could not be at that committee meeting. [Interjections.] Yes, unfortunately; I stay in Hanover Park. Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debateon Vote 7 – Social Development) †The MINISTER OF SOCIAL DEVELOPMENT: Mr Deputy Speaker, hon Premier, hon Cabinet colleagues and hon members of the House, the hon Dr Ivan Meyer submitted the budget for this department in March this year and started the modernisation process during his term. I would like to acknowledge the role that he played. In today’s Vote it is proposed that the Department of Social Development’s budget be increased by R14,5 million. This would mean an increase from the current R1,29 billion to R1,304 billion. Sources for the increase are as follows: R1,4 million from national government finance for the funding of improvement of conditions of service; R10,1 million from roll-over funding; R1 million from the increase in own revenue; and R7,6 million from revenue retention for capital projects.

TUESDAY, 7 DECEMBER 2010 3225 Due to the corporatisation of functions within the province R4,9 million would be transferred to the Provincial Treasury, which has taken over some of the human resources management functions. A further R620 000 would be shifted to the Department of the Premier for enterprise risk management. Of the R14, 5 million budget increase, R7,6 million are funds retained from the previous year that we earmarked for the refurbishment of the Kraaifontein Special Youth Care Centre and the Rosendal Rehabilitation Centre. As the hon members will know, the Children’s Act, Act 38 of 2005, as amended, came into effect on 1 April 2010. The main purpose of the Children’s Act is to give effect to section 28 of our constitution and section 77(2) of the Act requires that the MEC for Social Development maintains a record of all registered partial care facilities in the province in addition to maintaining a record of all registered early childhood development programmes. In 2007, the department did an audit of all registered and unregistered care facilities in the Western Cape. Sadly, we have lost two babies, one in Pinelands and one in Mitchell’s Plain. Both were in unregistered facilities. Now we have a number of about 2 000 unregistered facilities in the province and 1 333 registered facilities. My heart goes out to the families of those two beautiful children. This has only strengthened our resolve to fast track the registration of partial care facilities. Next week, in partnership with the City Cape Town, we will announce the full process. We have budgeted an additional R3,2 million from the money rolled over for this course of action. An additional R3,069 million is budgeted for an increase in the funding of the childcare and protection programmes, which also includes an awareness programme on child abuse. About R38,7 million has been identified for reprioritisation within the department, which is mainly unspent money originally earmarked for the modernisation process. Of the R6,2 million allocated for the Subprogramme: Older Persons, a total of R4,2 million will be used in respect of general repairs and upgrading of facilities. This is also in compliance with the norms and standards as per the Older Persons Act and regulations and will result in improvements for the following homes: Beaconvale Home for the Aged in Mitchells Plain; Ekuphumleni Home for the Aged in Gugulethu; Lotus Place Home for the Aged in Lotus River; Rosemore Home for the Aged in George; Coronation Memorial Home for the Aged in Oudtshoorn; and House Johannes in Beaufort West. For the community nutrition and development centres, additional funding of R1 million is allocated from the reprioritised funding. An additional R323 000 will be devoted to empowering NGOs that are doing good work, but are struggling to comply with the departmental service requirements due to financial constraints. Most of the rest of the reprioritisation budget is going for once-off expenditures needed to prepare the ground for the modernisation programme and this is explained in detail from pages 147 to 150 of Vote 7. In conclusion, I wish to assure the House that the Department has noted the concerns raised by Scopa and the standing committee about the lack of accurate baseline data as a result of inappropriate indicators.

3226 TUESDAY, 7 DECEMBER 2010 During the coming financial year we will improve the quality of monitoring and evaluation of programmes as well as the measuring of their output. Also, the new draft funding policy will be presented to the standing committee early in the new year. *Ms J A VAN ZYL: MrDeputy Speaker, theAdjustment Budgetfor this vote does not sound very pure at all. On the contrary, there are quite a few false notes that are being dished up for us as chamber music. A Supplementary Budget of R14,5millionis being proffered, whereas extremely essential services such as Social Welfare, record a downward adjustment of more than R3 million, and at the same time, funds amounting to more than R9 millionare carried over. Also in Programme 3: Development and Research, there is an upward adjustment of more thanR12millionwith R920 000, almost a million, that rolls over. In total, more than R10 millionwhich is unused, is rolled over and that certainly raises eyebrows. Funds amounting to more than R5,5 million moving betweendepartments, especially raises questions in this departmentthat delivers such an important service to the community. What is disturbing, furthermore, is the percentage of 42% expenditure in Programme 1: Administration, where the explanation is that the salary increases have not yet been paid out, but also that the implementation of the modernised structure has been postponed. How many voteswere unfilled, with the result that the money was not used and that services could not be delivered properly? Questionscome up immediately, such as, why was it postponed and was the structure so imperative if it has not yet been carried out? These kinds of figures show that the department's expenditure rate is poorly managed, and that the planning cannot be carried out. As one of the core departments that really has to help poor people, this departmentcertainly is not a bright star on the horizon of poverty. On the contrary, it causes more concern and half-answered or non-answered questions than the certainty that this government is on the right track with such an important task. We welcome the attempt at making fathers pay up for maintenance in arrears for childrenbut in some cases, isn't that money also going to land in the pot full of evils such as alcohol, drugs and all kinds of other things, instead of being used for education, food and clothing for children? How is this pay and the ALLPay money, which is being so horribly misused, going to be monitored? We are watching this space and the Minister, to see whether these great expectations are going to be met. Mr Deputy Speaker, Cope has reservations about thisAdjustment Budget, but afford thehon Minister and herdepartmentthe opportunity to manage the department's budget better. †Ms N P MAGWAZA: Mr Deputy Speaker, let me state upfront that as much as there were many instances where we reminded the Minister that certain things needed to be rectified, I stand up to say that we welcome the Adjustments. I just want to point out a few things. One of the things that makes us a little reluctant is the fact that all of a sudden we have seen that there are NGOs whose appeals were approved. We would like to know who those NGOs are.

TUESDAY, 7 DECEMBER 2010 3227 We want to say that those NGOs that were not assisted need to be assisted, because it has been proved right now – on 25 November when we were out in the field and witnessed it for ourselves – how much work needs to be done by the NGOs that are supported by the government. Government alone cannot do anything without the assistance of these NGOs. I want to say that I am also welcoming it that a few of those have been assisted by the department, because I looked at the trends and where the money was allocated in terms of the Adjustment. For instance, we have seen that people with disabilities will be taken care of in terms of the Adjustment. We know that there will be support for the poorest of the poor families. People with older persons will also be assisted by the Adjustment and we have looked at crime prevention and it is also taken care of, so I want to thank them for that. I want to check why, in terms of the Children’s Advocateur in this province, we are hearing nothing and we have this person who has been appointed. On 1 December 2010 it was the International Day of Children. What happened in this province? Did we hear about it as the standing committee? Does anyone know what is happening in that particular unit? No. What is the reason for that? We are not interested in hearing any excuses. There must be value for money. We need to know what that person is doing. I want to come to modernisation. All departments are talking about modernisation. Nobody knows how much it will cost at the end of the day and staff members are not sure where they will be upon completion of this exercise. It is a worrying factor that there is a super-duper department which is devouring all personnel from all departments. One wonders whether there will be any staff left in other departments upon completion of this exercise. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: None! †Ms N P MAGWAZA: If you say none, can you substantiate that? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Even Ministers ... [Inaudible.] †Ms N P MAGWAZA: Even the drivers of this exercise are not sure whether it is giving life or death. [Interjections.] The DEPUTY SPEAKER: Order! Nksz N P MAGWAZA: Sekela Somlomo, le yingxaki efuna ukusonjululwa.[Ms N P MAGWAZA: Deputy Speaker, this is a problem which needs to be solved.] †Let me come to the fact that the Premier went around on 25 November 2012 and she was telling people when she was addressing them that she would spend 16 days running after the men who were not paying maintenance. Today is the thirteenth day and we have heard nothing. Now we want to know whether this was lip service, because there was no proper plan put on the table. [Interjections.] The MEC for Social Development has never even touched on this.

3228 TUESDAY, 7 DECEMBER 2010 Was everybody consulted in terms of this? Is there a plan in place for this? If there is a plan can it be forwarded to us? Even the standing committee does not have a clue about what is happening in terms of this particular programme. I am saying that we are all aware that this is a very important factor which needs to be worked on by all of us. We are saying that we are ready to work on anything that has to do with children, people with disabilities and all the vulnerable groups, but there should be a proper sit-down meeting where we talk about thing and have a proper programme that includes everybody. It must be inclusive. This thing of not including other parties when dealing with things makes me think of the summit that was held on the dumping of children. This is a topic that was brought to the House by us and we said that we should include everyone. This is a scourge that is affecting everybody in this province. It does not know colour, it doesn’t know gender, but it affects all of us. If you begin to exclude other people I don’t know how you will resolve the matter. The last thing that I want to say is that I can assure them that we want to be included in all programmes of this province. We are ready to do the work in order to change the lives of our people in this province. I can see my time is up, but I just want to say that one of the things that is going to assist us is to work together for the betterment of the lives of our people, our children and everybody else. The ANC once again welcomes these adjustments. The MEC and I have spoken during the interactions around these adjustments and she knows the areas that we have pointed out that we are not satisfied with. *Ms A J DU TOIT MARAIS: MrDeputy Speaker, ofthe total population of 5,8 millionpeople in the Western Cape, approximately 16% receive a welfare grant. If one takes into account that 21,8% of the people of working age are jobless, with 25% of our children living in poverty, it is obvious that there is a realistic and serious need that has to be addressed daily. In the medium term, the Department of Social Development intends to continue the struggle on behalf of the poor, the vulnerable and that of people in distress. To repair the social tapestry, the core of our society, it is important to launch a full-scale interdepartmental attack against the social ills that are putting a burden on our social, health and economic resources. Alcohol is the third biggest contributing factor to death and disability in South Africa.The two biggest factors are unsafe sexual behaviour and interpersonal violence. Both factors are usually also linked to alcohol abuse, and this morning we heard the hon Minister Fritz saying how many people are being arrested at roadblocks for drunken-driving. Violence is increasing in places that may be regarded as traditionally safe – specifically domestic violence and violence at schools. Almost 85% of victims of violence know their attacker personally. Once again, 76% of all domestic violence in the Western Capeis alcoholrelated. On average, a fifth of the provincial budget is spent on addressing the consequences of damage – damage that people do to themselves.

TUESDAY, 7 DECEMBER 2010 3229 It is now more important than ever to address the immediate problem, as well as the cause of the problem: the so-called upstream elements. Mr Deputy Speaker, it is equally important to pay attention to the vulnerable ones, especially the youth and the older ones. The extension of services for older people will, in the long term, ensure that the department will assist and protect 55 000 vulnerable people by 2015. Eighty-five thousand children between the ages of naught to five years old will participate in the early-childhood development programme through 2011 and 2012. The programme concentrates on the development, care and protection of children's rights. An amount ofR7,6millionhas been made available for the upgrading of the Kraaifontein Special Youth Care Centre, as well as the Rosendal Rehabilitation Centre, as mentioned by the Minister De Lille. It emphasises the political will and the financial support to ensure that the correct services are not only available but that they are working to the best of their ability. To address any problem correctly, it is of vital importance to grasp the scope of the specific problem. An additional R1 millionhas also been made available for research on the prevention of drug abuse. I would like to congratulate the Minister for having swept herdepartment clean. Once again it proves that this government will not put up with corruption at any level, of any amount, by anybody. By the same token, I would like to encourage her to keep her promise that the matter will be dealt with as soon as possible, so that about 3 000 people applying for emergency grants will be able to experience a happy Christmas. Mr Deputy Speaker, I support the appropriation of this budget and, in conclusion, I wish to thank thehon Minister De Lille and officials of theDepartmentof Social Development for their persevering work throughout the year, as well as their preparing and compiling the documents. †The MINISTER OF SOCIAL DEVELOPMENT: Mr Deputy Speaker, I want to agree with hon Van Zyl that there is much room for improvement in terms of management in the department. I will be the first one to admit that. We are working on improving the management in the department. For the implementation of the modernisation programme, the department budgeted R50 million and they only spent R12 million. I think it was an overestimation of what would be needed for this process. In terms of the matching and placing of employees inside the department, 90% of them have been placed. The process was supposed to have been completed by the 30 November 2012. It has still not been completed and we are working to have it completed at least before the end of January next year. Hon Magwaza raised the issue of NGOs who appealed. We are going to send the list to the standing committee. I must say that when I looked at the appeals that were lodged by an independent body, most of the NGOs that did not comply with the requirements of the department were all small NGOs which did not have the capacity to actually produce this document.

3230 TUESDAY, 7 DECEMBER 2010 They are not excused, because they must not wait until we ask them for documents. When they need help in between, they should come forward and the department will be able to assist them. About the person who has been appointed for children’s advocacy in the department, I don’t know who it is. I will find out. On the issue of International Children’s Day, it is a day for all of us, not only the department, to raise the issue of children and therefore the department has prioritised the issue of children because we are obliged, in terms of the new Children’ Act, to put all these issues first. In terms of the 16 days of activism, I think we made it clear right in the beginning that when we designed this programme to go after alleged maintenance defaulters, it was to have a campaign that can show results, not just press statements and advertisements and a lot of talk. We wanted to see results. This was done in partnership with the national Minister of Justice and Constitutional Development. It has never before happened in this country that the national Minister has agreed to make the information on the alleged defaulters available. This is because the national Minister also accepted that this is a major problem. We have checked out every legal aspect as to whether we can make this information public and how we can do it, in consultation with the Department of Justice. It has been announced all over. I, in fact, mentioned it when we had the social development summit – and, by the way, we invited all political parties, but only the chairperson of the committee pitched up. I don’t know whether invitations were sent out too late, but I want to agree with you hon Magwaza that this is also another department that we must not politicise. †The LEADER OF THE OPPOSITION: You’re right. †The MINISTER: We cannot afford to politicise it. I need the help of every member in this House and I need them to come forward and many members are coming forward to bring issues to our attention. I spend as much time as I can outside there in the communities, because I believe that we don’t need to sit and wait for people to come to us with problems. When we had the rape of the four-year-old girl in Khayelitsha, I took the staff of the Kuilsriver and the Khayelitsha Offices of Social Development and together with another hundred volunteers we went to 1 000 houses in one day, knocking at each door to make sure that we raised the issue of child protection. Hon members must know that it was very sad. At some of the houses where we arrived, we would find a seven-year-old and three-year-old locked in the house. The mother had gone somewhere and there was no father in the house. The social conditions and the social fabric of a society, to rebuild that, to build social cohesion, cannot be done by a Ministry alone. We need the help of everyone. The 16 days of activism programme is not a programme designed only for 16 days; it is going to continue even after the 16 days. *Hon Marais, we agree that domestic violence is on the increase as a result of alcohol abuse.I spent about two hours in Delft on Sunday. I couldn't believe what I saw. Every second house is a shebeen.

TUESDAY, 7 DECEMBER 2010 3231 People were standing in the streets drinking – and women also. There you also see many women who are drunk out on the street. Alcohol abuse is therefore a major problem and I think the legislation thehon Winde is going to introduce, will certainly help to put a stop to it. In connection with sweeping the department clean, the message must go out very clearly to all the officials in the department, and I said it on the first day when I went there – that I do not want to smell any corruption. †In connection with the social distress relief grants, there was a litany of errors from point one to point ten. There is a special manual which the officials and social workers in the regional office must use to make sure they know what they have to do. It landed on my desk and I had to sign off 3 000 beneficiaries. It only listed the name, the ID number and the pay point. I sent them back and I said no, I want the addresses. These people must have addresses. It took them two-and-a-half weeks to get the addresses. When I finally got the addresses I went to do spot checks myself. I could see that some of the addresses on this list were certainly not deserving of a social distress relief grant. I then went further and asked the social workers from the regional offices to give me the social worker assessment reports. I got all of them in. What do you find? There are seven points where the social worker must fill in whether a person can qualify for the distress relief grant and the social worker only filled in one spot. The social worker managers are also supposed to sign off that assessment form and then the regional manager is supposed to do a quality check before sending it up to the provincial office. None of that was done. I have now sent it all back to the regional offices. Surprise, surprise, surprise –a lot of the names have now disappeared off the list! This is because they have now done their work properly and they have been able to assess that some people are not in need of grants. I also want to promise the hon Marais that we will be paying out before Christmas, because we cannot punish the most deserving people who really need this money. However, there is also room for improvement. I am going to a Minmec meeting next week ... †Mr P C MCKENZIE: They should be laid off their jobs. †The MINISTER: ... and I am going to tell all the other MECs from the other nine provinces that with this money there is room for improvement and we need to improve and do some verification. For me it is very painful, because national government has good intentions with giving provinces this money. We received R10,2 million for this financial year, but the money does not reach the people who really need the money. That to me is the painful part. [Interjections.] I have spoken to the SIU and to Adv Willie Hofmeyr, and they are prepared to assist my department to go back over the past two financial years, and I am sure we are going to discover much more rot. *For the people of the Western Cape who are waiting for their grants, we will make sure that they will be paid out next week at the latest.

3232 TUESDAY, 7 DECEMBER 2010 I say thank you very much to all the members for their contribution, and as I have said once again, I am already working together with people of all political parties. I don't want to make it a political football. I will also not allow a political football to be made of it; but then we must trust oneanother and we must work together for the sake of the people, the voiceless ones out there who do not have a say. †Thank you very much and, hon Magwaza, I will certainly take you up on our working together. You can come to me and we can decide what information you want and when you want it. My door is open to working with anybody. To Cope, thank you for your support, the DA – and who else? [Laughter.] Hon Deputy Speaker, I have just got a complaint that hon Ozinsky came in late while I was already speaking. He should have been here when I started my speech. [Laughter.][Interjections.] †The DEPUTY SPEAKER: Order, hon members! Debate concluded.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Debate on Vote 2 – Provincial Parliament) †The SPEAKER: Mr Deputy Speaker, hon Premier , hon Leader of the official Opposition, hon Ministers and fellow members, the Western Cape Provincial Parliament mandate comes from the Constitution of the Republic of South Africa. I am referring here to the functions of law-making, oversight and public involvement in the Parliamentary and other processes. The main role of the administration of Parliament is to support members in the House, in the committees and in their constituencies. To this end, an amount of R77, 382 million was appropriated in the main budget to fund this service. This excludes the direct charge of R28, 351 million which is in respect of members’ remuneration. The adjustment budget of R74, 982 million is R2, 4 million less than the main appropriation, which is mainly due to the later-than-anticipated filling of posts. In real terms, an underspending of R4, 4 million is projected for compensation of employment. The R2,4 million was shifted to the Provincial Treasury to supplement the policy options for the MTEF period. The balance has to be shifted within the Vote to fund services where spending pressures are experienced. This includes firstly Programme 1: Administration. An amount of R537 000 was shifted to Programme 2 to fund a shortfall on the secretarial allowance, which is R393 000, and the computer allowance of R144 000 for support staff of political parties. This is to enable members and political parties to do their work better. We will continue to look for ways in which members and political parties can better fulfil their tasks. Provision was also made for inter alia the following: Consultants for Heritage Assets, R77 000. This will be done under the guidance of the aesthetics committee which is a sub-committee of the Rules Committee. Provision is also made for the upgrade to the AV equipment in the Chamber and to this end an amount of R1,8 million has been set aside.

TUESDAY, 7 DECEMBER 2010 3233 Some of the money will be used for laptops, LCD screens and software licences: laptops and LCD screens, R388 000; and software licences, R920 000. In Programme 3: Parliamentary Services, provision is made for the increased costs of transcription and translations, R842 000. During the course of this financial year, we have had to pay two service providers as outstanding work had to be completed. Some money was also made available to the standing committees. Other shifts within the Vote included adjustments to SNT; shifts from the compensation to cover SNT for staff costs; shifting of funds from households, in the respect of insurance payments to compensation of employment, due to the reclassification of the Standard Chart of Accounts by National Treasury (Scoa). In conclusion, I wish to thank the committee, the members, management and staff of the Western Cape Provincial Parliament for their contribution and support. *TheCHIEF WHIP (DA): MrDeputy Speaker, we have come to the end of a very busy calendar year in which we have experienced various peaks, but were also thoroughly aware of places where there is room for improvement and will be addressed. For me, certainly, one of the disappointing aspects of this year was that we – and I actually want to say, most of us, especially our two main parties in the House – did not always succeed in showing respect for the House as an institutionfrom the way we have conducted ourselves. I think as members of the caucuses, we shall really have to subject ourselves to self-examination, because we will have to learn with respect and dignity how to handle the dignity of the Chair in the Houseand leadership positions such as those of the Leader of the Oppositionand the Premier. This year, the classification of our standing committees into three different groups, except for a few overlaps that sometimes occurred, have contributed to the fact that available times for our committees could be used more economically. Up to 23 November this year we have handled 30 sittings in theHouse, during which we dealt with 54 interpellations, and 379 oral questions appeared on the Questionnaire, compared with 221 questions to be replied to in writing. I would like to convey my thanks to the Executive Authority for the timeous handling and handing-in of replies to questions of members, with a few exceptions. The time allowed to react according to our domestic rules, especially with regard to questions in writing, will possibly have to be addressed by us to give attention to the rules, and more so because this type of question normally requires a much more complete answer. I went to enquire and found out that a few questions are still outstanding. The few that are outstanding are all questions in writing, which is an indication to me that it is in fact so, since they contain more information. I shall really request that answers that are outstanding be handed over to the members before the end of the year. As far as legislation is concerned, we can really be proud of the legislation we have approved.

3234 TUESDAY, 7 DECEMBER 2010 Highlights are the seven items of legislation, over and above our budget bills that were handled thoroughly by the committees concerned, and one of which is the Liquor Amendment Bill, which we are still going to deal with today. Highlights of our own laws can definitely be seen in legislation such as the Western Cape Procurement Business Interest of Employees Bill. It can be seen as the precursor to all the provinces and is followed by them with great interest. Our Western Cape Ambulance Services Bill and our Western Cape Provincial School Education Amendment Bill that come into force on 1 January are only just a few we can highlight. Our Adjustment Budgetindicated an underspending or saving – since we are now playing with words – of which R2,4 millionhas been transferred to the Department of Education. The rest is for transferring within this Vote Budget. I wish to thank the Speaker specifically because it has been seen to that our secretarial allowances have been adjusted so that we can deliver better services to our members. One of the most important aspects highlighted, is the study concerning the remuneration of staff, which has not yet been finalised. The report concerning this is still outstanding, but it will have to be attended to urgently. Unfortunately the Western Cape will always be in competition with the national Parliament's staff scales, given the difference in working conditions that are comparable between the two institutions. The problem concerning how it will be addressed will continue for as long as it causes uncertainty among our staff. I really want to make an appeal that this problem be sorted out as soon as possible so that calm can come to our staff members. Some of the salary scales of our job levels will also have to receive attention. We cannot keep on losing staff or simply not be able to get suitable applications for, among other things, the post of chief financial officer, which has been vacant for more than a year.No departmentcan function properly without such a post. At last the plans are now gettingreadyfor updating our website, and we would appreciate it if members' inputs can be requested for this, because we would like to say what items we would like to have on it and how the system can be adapted. We wish them all the best with this attempt. The funds have now been voted for upgrading the Council Chamber's sound system, which we trust will be in place for the beginning of next year's opening of Parliament. It is a projectthat took longer than we would have liked it to take, but we hope that the standard will be of such a kind that it will ensure that every speaker can be clearly heard. The auditorium's sound system will also then be upgraded in such a way that two standing committees will be able to continue with their activities, especially when the public and quite a number of officials of the departmentare present when, among other things, our standing committees are busy with the budgeting process. Before the end of the year, the successful service provider for catering will be nominated, and I think I speak on behalf of all the members in the Housethat it will be the beginning of a service where we will be taken to another level. *Mr P C MCKENZIE: Yes, please!

TUESDAY, 7 DECEMBER 2010 3235 *The CHIEF WHIP: We do not expect the service of a five-star hotel, but meals that are served in good taste. It also applies to the way in which the service is presented. The aesthetic committee's upgrading of the kitchen was discussed, and we trust that our hon Minister of Transport, who is not here now, will be able to support us to bring also our kitchen up to the standard we expect of such an institution. We will conduct regular inspections of the kitchen by health inspectors requested by theDepartmentof Health. It must take place on a regular basis. The increased expenses with regard to our translation services, transcriptions and Hansard services are also significant. The whole saga around our Hansard services is really a problem. It is almost all about the quality of the service offered and being given. We were given many promises during the tenderprocess. Unedited reproductions are not up to standard, the turnaround time of 24 hours is not being adhered to, and Hansard is out of the question. The cost increases are also becoming a problem. Mr Speaker, the process being followed for purchases, which may probably cause problems, has also been highlighted. If the perception in this connection is wrong, these errors must be refuted. If, however, procedural errors have crept in somewhere, they have to be corrected. The integrity of the institution, of you as the Speaker and of us as the Parliamentmust, as in the case of each department, at all times be beyond reproach. Speaker, I wish to convey my thanks to you, the Deputy Speakerand all the staff members of the provincialParliamentfor the service they provide us with as members ofParliament. Our wish is that you all will truly experience the peace and joy of Christmas time and that together we will make 2011 a very special year. The DA supports the Vote. †The CHIEF WHIP (ANC): Mr Deputy Speaker, we are looking at a budget that’s been in the main Appropriation with an allocation of R77,3 million, but unfortunately there has been a reduction of R2,4 million in this financial year, bringing us to R74,98 million. There have been certain commitments that have been made in the Adjustments Estimate. We have studied the book and there’s really four that stand out. In really assessing it, do we really live up to the commitments that have been made there? The first commitment is to provide quality procedural support, especially in the House, and here, I must say, Deputy Speaker, there’s a major gap and a challenge that we all face here.This gap is not only between you, the Speaker, and the rulings that have been made here, but also the consistency between members, parties and how the executive is treated as opposed to ordinary members, especially the opposition. Another issue around procedure is the length of the debates. There’s always a contest of, can we have the debates a bit longer and there’s always a vote, in terms of the majority, that the debates must be cut. An example of that was the ad hoc committee that was discussed here, where the proposal came from the ANC to have a 60-minute debate. However, we had to go through the process of voting and the DA said no, it would be 30 minutes. Again, it really wasn’t helping the procedure and the support that we need here.

3236 TUESDAY, 7 DECEMBER 2010 Another example that we find is the preferential treatment that specifically the Premier is getting ... [Interjections.] … The DEPUTY SPEAKER: Order! The CHIEF WHIP: ... and in that regard, Mr Deputy Speaker, there was the motion that the Premier made on 16 November 2010. When she stood up and she said that she wanted to move a motion, the Speaker very clearly ruled from the Chair and said, “I’m sorry, Premier, this is not convention”. Of course, that was ignored and the Premier simply continued moving that specific motion. Also, this preferential treatment was very obvious in the Second Reading Debate, when reference was made to certain members who really needed to calm down a bit, while the Premier, who was really making running commentary, was not once addressed by name to ask her to really come in line in that regard. Secondly, the commitment that was made here was the commitment to provide quality administrative support. I must say, with the lack of, and the absence of, a CFO and the IT head, it’s a major gap that we find here. We had a battle and a struggle, I think in all political parties, when we had to engage and prepare for the Annual Reports. What happened was that the research staff helped, but they couldn’t help everybody and there was a major gap in terms of administrative support. With the biggest department here, with the biggest budget, there was no research done on that and we had to do it ourselves. This was also the case with the Treasury and with the Provincial Parliament itself. A major issue, another issue in terms of administrative support, was the ATC that was not available on time. That led to us not participating and it was a major problem that we could not participate in that. A third commitment that came in, in the report there, was to enable members to fulfil their constitutional functions and one of the gaps that we still experience, as this legislature, is that the constituency allowance for members is not on par with that of the National Assembly. It’s difficult when you go out there and you sit with your colleagues and comrades and you must explain this and they don’t understand the issue. At the same time ... [Interjections.] ... R2,4 million was given back to Treasury, and that’s a major problem that we had there. Secondly, in terms of that, Deputy Speaker, for the funding for constituency programmes it took from 1 April 2010 to 1 November 2010 to get a letter from the Speaker to say this is how we can proceed. There are still certain members who are experiencing major difficulties in accessing that money and making it available in their constituencies. I believe that’s a major challenge that we do experience and that we have. Another issue that we experienced in terms of fulfilling our constitutional procedures and looking at that, it was really the interference, as we perceived it, by the Speaker, in terms of who’s allowed to go overseas and issues around provincial visits. All of us could not go. There was a standing committee going overseas, but some members were treated differently to other members. Of course, those members who were really treated differently were the members of the ANC. They could not really participate in all those activities, and we see this as a major issue.

TUESDAY, 7 DECEMBER 2010 3237 Mr Deputy Speaker, another issue that’s really at hand, at this moment ... [interjections.] ... The DEPUTY SPEAKER: Order! The CHIEF WHIP: ... in time, is the proposal by the DA in the Rules Committee that the representation of the ANC must be cut by 50%. It is totally unacceptable to close down the discussion when you have a Committee of Finance, Public Works, Transport, Economic Development and Tourism – one committee – and to give the ANC one member and say, “Well, function, we’re going to cut you by half”. I think that is just another example of the space that’s been closed down. Then, Deputy Speaker, the last matter I want to refer to is the facilitation of public involvement in the Legislature’s activities – and I think there’s still a major gap in this regard. We’re not getting there; advertisements are placed in the newspapers and then we all sit back and think things are going to happen. The Petitions Commission was ... †The DEPUTY SPEAKER: Please finish, hon Uys. †The CHIEF WHIP: I will conclude. The Petitions Commission was launched on 8 June 2010, but what happened around education and awareness? There were no forms at provincial offices or clinics. It’s not happening and it is a major problem that we are experiencing in that regard. [Time expired.] †Ms P W CUPIDO: Mr Deputy Speaker, the ACDP would like to support the Adjustments Appropriation of Vote 2. The ACDP would also like to congratulate the administration on the cleanest audit amongst the nine provinces for the 2009-10 financial year, according to the Auditor-General. We trust that the Speaker will not divert from the successful financial practices of the previous financial year and that his department will strive to achieve a similar or improved outcome at the end of this financial year. Notwithstanding a clean audit in the two departments, Finance and Economic Development and the Western Cape Provincial Parliament, we need to note that the Western Cape does have several other departments where the audits give us reason for great concern. Deputy Speaker, I also welcome the upgrade of the benches in the Chamber, but would like a breakdown on exactly how R1,9 million was spent on the upgrading of benches, the audiovisual and sound systems and computer equipment, as that amount is quite high for what meets the eye. It would be helpful if there could be more interaction with the Rules Committee with regard to upgrades and renovations, which affect members directly, to ensure that Rules Committee members are informed if questions arise. I would also like to add the ACDP’s name to member Uys’s complaint of study tours. Nevertheless, the ACDP would like to wish the Speaker, the Deputy Speaker, the Secretary of Parliament, Mr Williams, and all their staff members a blessed Christmas and festive season. †Mr M SKWATSHA: Mr Deputy Speaker, I am rising to make a few points and to put an emphasis on the points raised by the hon Chief Whip of the ANC, related to the quality of procedural support.

3238 TUESDAY, 7 DECEMBER 2010 One of the things that I really want to emphasise, hon Deputy Speaker, is the issue that as a Legislature we must know that we should use our budget wisely and properly. That also relates to the kind of human resources that we are able to have. I am proudly becoming a pain in the neck in this regard. I really think that we must properly look after everything, including our human resources, because if we do that then we’ll be able to get results that we can all be proud of. I believe that a happy employee is one that produces the best result and I still want to know, if the Speaker can tell us if our staff is going to be able to receive any benefits from this remuneration study? One of the things that I was not happy about is whether it is a Western Cape issue, this issue of staff remuneration, or an issue of the Speaker’s Forum? I believe that as a Legislature we have every right to look into our staff situation and make sure that people are properly paid. By the way, we are still waiting for this remuneration study to be made available. Then, one of the things that I think there’s been an issue about is the usage and quality of language. We’re not getting the best product, even in relation to translation, and I think we’ve made this point over and over again. We were also promised that issues around the entrances here would be resolved, that of members and that of the other people. We are still waiting. This place is not user-friendly. Hon Deputy Speaker, I also want to say that if we are supposed to produce quality work, we must make sure that the quality of the food that we are provided with by the kitchen is also of a particular standard. I want to say that in this Legislature of the Western Cape, we must also respect and understand that we have different cultures and religions. We must really understand that. I also want to make sure that those who don’t eat chicken do not have to eat it, but it does not mean that I should not eat chicken when I want to eat it. In this regard, I really want to ask that the Legislature looks at making sure that those who prefer pork should be afforded that opportunity to be provided with pork if we want pork in the kitchen, so that we are able to eat it. I want to raise this with absolute respect for any other person’s religion. Then the second last thing that I want to raise is that we unfortunately have to emphasise to the ruling party that the Legislature is not the Democratic Alliance. The separation between the powers of the party and those of the state is very important. We saw this thing starting very soon with the change of the date of the opening of the Legislature. What is happening here inside the House clearly indicates that the Minister of Health is not the Speaker of this Legislature. The Premier of this province is not the Speaker of this Legislature and I think they must understand that. The staff must also understand that. I’m very worried. There’s a removal of the history of this country and this province. On the grapevine I hear that a member of staff, one key member of staff, is responsible for that. They must be allowed to play their role in an efficient, nonbiased manner and they must not get involved in politics.

TUESDAY, 7 DECEMBER 2010 3239 They must make sure that they do their work and no undue pressure must be put on staff by the ruling party to behave in a way that is unbecoming of them as professionals. [Time expired.] †Mr M NCEDANA: Mr Speaker,we are not surprised that the provincial Parliament received a decrease in this Adjustment budget, because our conclusion is that the Speaker does not differentiate between being stingy and economical. Ngoku siyithetha loo nto ngenxa yento yokokuba kuyabonakala into yokokuba umsebenzi lo ufanele ukuba wenziwa apha ePalamente into ekugxilwe kuyo kukuba sigcine imali.Kangangokuba umsebenzi ekufanele ukuba wenziwe ungenzeki.Ezi zithethi besezithethile apha ngaphambili zithethile ngalo mcimbi wokucinezelwa kwamalungu ePalamente angakwazi ukwenza umsebenzi wawo ngokwendlela afanele ukuba awenza ngayo. Kuba xakuthatyathwa amalungu kwiikomiti ezisigxina esiya kwenza utyelelo lolongamelo okanye olokufunda andiqinisekanga into yokuba ilungile into yokokuba kuthatyathwe amalungu eqela elilawulayo kuze kushiywe amalungu amaqela aphikisayo. [Translation of isiXhosa paragraphs follows.] [Now we say this because it is clear that this work should be done here in Parliament instead of focusing on saving money. This causes work which should not be done. The speakers who have already spoken here about this issue of oppressing the Members of Parliament to ensure that they are unable to do their jobs properly. When members of the standing committees are chosen to do oversight visits I am not sure whether it is proper to choose only those from the ruling party and leave behind those of opposition parties.] This happens in this government where particularly the smaller parties are denied an opportunity to be part of engaging in order to advance their capacity. Now we have observed it not in one instance, but in many instances – also when it comes to Cope and its complement of five members of staff who are working in one office. This has been the case for almost two years now. We have requested an extra office so that we can be more efficient in our operations. How can our support staff be efficient when they are working in a small office where they are unable to access computers? We can’t fit five computers in that particular office and we wonder why we were not provided with an extra office, because there are extra offices here. Mr Speaker, the other important matter that has been raised by hon Skwatsha concerns the employees and the salaries they earn. Ukuze ufumane abantu abaza kukwazi ukwenza umsebenzi kufuneka kuhlangatyezwane neemfuno zabo nabo.Umbuzo endinawo ngowokuba kungabe kutheni esi sitafu salapha kule iPalamente yePhondo sihlawulwa ngaphantsi kunezinye izitafu zezinye iiPalamente?

3240 TUESDAY, 7 DECEMBER 2010 Ndiyayazi into yokuba intloko yecandelo lezophando okanye oyena mphandi mdala apha uyahamba kuba isiya kuthabatha isikhundla kwiPalamente kazwelonke nangona isiya kuba ngumphandi nje oqhelekileyo.Umahluko uphi?Usemvuzweni? Ngoko ukuba siwuthabatha ngqongqo umsebenziwethu esifuna ukuwenza apha ePalamente zizinto ekufunekasiziqwalasele ezo kuba sifuna ukusebenza ngokubonakalayo kwaye lo msebenzi wethu ubonakalayo uxhomkeke kwabo bantu bahleli ngaphaya kukaSomlomo. Somlomo, okokugqibela lo mcimbi wokuba kuthiwe xa kuwiswa isigwebo apha kule Ndlu siphakame thina siphuma kumaqela aphikisayo ze kunikezwe isigwebo kuphinde xa kuphakama esinye isithethi esiphuma kwiqela elilawulayo kunikezwe isigwebo esahlukileyo kweso, hayi inokuba yisheyi okanye ulwaphulomthetho olo kuba ulindele ukuba uSomlomo ukuba angathabathi icala kule Ndlu. [Translation of isiXhosa paragraphs follows.] [In order to get people who are able to do the job we must also meet their needs. The question I have is why our staff members here in this Provincial Parliament are paid less than other staff members of other Parliaments.I know that the head of research or the most experienced researcher is leaving to take a position at national Parliament although she will be just an ordinary researcher. Where is the difference? Is it in salaries? If we are serious about the work we want to do here in Parliament these are the things we must considerand we must understand that to be effective in our work we depend on these staff members who are sitting next to the Speaker. Speaker, lastly on this issue of giving harsh rulings to opposition parties in the House as opposed to soft ones to members of the ruling party,I think there is no fairness because when one misbehaves here we expect the Speaker to be impartial when giving a ruling in the House.] This impartiality means that when we are asking for any information from the departments, we must be given the information. In two instances I asked for information from officials in the departments, but I was told to go and ask the Minister concerned. Le nto njengokuba niziintloko nina nobabini apha, Mhlekazi, zizinto ekufanele ukuba nizilungise niqinisekise ukuba amalungu ale Palamente afumana amalungelo awo kwaye aphathwa njengamalungu ePalamente kungakhathaliseki ukuba ubani uphuma kweli phina iqela lezopolitiko. [Translation of isiXhosa paragraph follows.] [As you are both heads here, sir, these are the things you must rectify to ensure that the members of this Parliament get their rights and are treated as Members of Parliament,irrespective of which political party they come from.] [Time expired.] †Mr M OZINSKY: Mr Deputy Speaker, truly the Legislature is in crisis. We sit with the situation where all the opposition parties feel that they are not treated equally and have serious questions about rulings in the House. On the other side, the majority of members of the DA caucus do not support the Speaker and want him to be removed.

TUESDAY, 7 DECEMBER 2010 3241 †The MINISTER OF HEALTH: Where do you get that from? †Mr M OZINSKY: I will come to that now. I’ll read it to you exactly. Also, there’s a crisis of credibility out there. Last year, on 26 of October 2010, the Speaker was quoted in the Cape Argus, as saying: There are too many black women in this institution, especially in the committee

section, and I will go as far as Northern Cape and Limpopo to get “boere” to come and work here.

The Speaker told the public that he would apologise to the staff about this matter. Today still, the staff are raising the question. When will they get that apology? Now let me come to the issue, hon Botha, about your own caucus. For instance, the Legislature says in its Annual Report that it follows the provisions of the PFMA, but we all know that the Speaker has been directly interfering in procurement in the Legislature. Let me give you some examples of this. At the Chairperson’s Forum Meeting on 26 March 2010, the hon Visser is quoted in the minutes, as follows:

Mr Visser added that committees make decisions on what they must do and he fails to understand that someone else may take a decision for a committee to do its work as agreed and planned.

Ms Hartnick is quoted in the Minutes as follows:

Mrs Hartnick also raised his ... – I don’t know why they say “his” –

... dissatisfaction on how they, the Chairs, are treated like children. They make decisions but decisions are always overturned.

Then in the next meeting of the Chairperson’s Forum on 7 May 2010, Mr Visser, amongst other things, raises the issue, which we’re dealing with here, of roll-overs. It says:

He added that standing committees were told not to spend too much money at the same time it is disturbing to hear that some standing committees saved and underspent by more than R500 000.

Now the Speaker tells the House that he’s making savings, people can’t go on overseas trips, people can’t stay in decent hotels and people must fly on tickets that can’t be changed in order to save R300 a time. The hon Bevu and I had to spend two hours at Joburg Airport a few weeks ago, just trying to get onto a flight that we were already booked on. Then we come here and there’s underspending and there’s roll-overs all the time. What are we making these savings for? And it goes on and on. If we then go to the meeting of the chairpersons on 15 October 2010, hon Eloff, again:

3242 TUESDAY, 7 DECEMBER 2010

He informed the meeting that the travel officer must be responsible for committee travel, not the Speaker’s Office, as an executive authority.

[Interjections.]What the hon Eloff said is that the Speaker is breaking the PFMA. †Mr M SKWATSHA: Yes, I agree with that hon member. †Mr M OZINSKY: Mr Visser said at the same meeting:

... he felt strongly that the Speaker has to answer on all these problems encountered by members on a daily basis on committee travel. When the Speaker was invited to attend the meeting to clarify problematic areas raised by members he decided not to come.

Ms Hartnick goes on and is quoted – I’m quoting from the Minutes:

He ... – again I don’t know why “he” –

... requested that interference of the Speaker’s office on procurement processes and logistics for members must come to an end and this was seconded by Mrs Bevu.

[Interjections.] †Ms C F BEERWINKEL: Very honest. †Mr M OZINSKY: The Deputy Speaker told the same meeting:

... he was very concerned with the complaints that he received from members on procurement processes. He indicated in the meeting that such interference can result in a negative performance audit for the Western Cape Provincial Parliament, for example, unauthorised and irregular expenditure, as indicated by the Auditor-General, during the meeting with members held on the 12th of October. This is an area that the Parliament must consider in the near future.

Mr Deputy Speaker, I can go on and on. The fact of the matter is that everyone, including the members of the DA, agreed that the Speaker interfered in procurement. [Interjections.] And you can laugh, it’s your own members. They sit and say this in caucus and this is the problem, hon Botha, you are meant to provide leadership ... [interjections] ... to these members and to deal with these issues. But you are too scared to deal with it, because you are worried that the Speaker is accountable only to the Premier and not to you and the caucus. †The MINISTER OF HEALTH: That’s rubbish. †Mr M OZINSKY: And this happened to us again when we were in Swaziland for the conference, when we came back, there we found that, again – and I have an email to this effect – the Speaker’s Office had interfered in the procurement and procured the flights from a company that is in the process of being deregistered by Cipro. [Interjections.] Now why do they go through a company that’s being deregistered? It’s because an official in the Speaker’s Office told them to do that and they actually did that.

TUESDAY, 7 DECEMBER 2010 3243 I have a record of that in an email and I’ve checked on Cipro about that company. This is an absolute scandal in this Legislature and this will be raised with the Auditor-General. However, the problem is the effect this has. Now the result after a year and a half of this way of working is that there’s been continual interference – not only in travel issues – in the work of the administration. That is why there is no proper staff discipline or accountability. The staff is up in arms, because the Speaker’s Office has taken over the role of the Secretary’s Office. †Mr P C MCKENZIE: Yes, absolutely. †Mr M OZINSKY: And the problem is that – and these members know that – what happens all the time is that the Speaker blames the Secretary for what’s going wrong, but the Secretary cannot do his work, because in every case people are called, as individuals, into the Speaker’s Office and given instructions without the Secretary even being told about it. That’s why and how that display was removed outside there. †The DEPUTY SPEAKER: Order! Please conclude, hon Ozinsky. †Mr M OZINSKY: We are facing a severe crisis and it’s now time for the Leader of the DA in this province to stand up and do what his party members want done, and that is to remove the Speaker from this House. [Time expired.] *Mr J J VISSER: MrDeputy Speaker, this Parliament is pivot of everything within an entity such as the Western Cape government. It is the home of government in the Western Cape. Everything begins here and ends here. Parliament is the ... [Inaudible.] ... of the Western Cape government system. When people visit Parliament and talk about it, they must do so with respect. That is why the traditions of the place must be upheld at all times. All groups, cultures, laws and entities that had a direct association with this Parliament contributed over the years to the history of the place and helped to sustain it, and it must be honoured.TheParliament, its members and the staff must set an example for other people out there. *Mr P C MCKENZIE: Yes. *Mr J J VISSER: By the way we conduct ourselves we must command respect, hon McKenzie, from the way we express ourselves and hold our own. *Mr P C MCKENZIE: Correct. *Mr J J VISSER: The Parliamentary building must be clean on the inside and on the outside and embellished with our traditions, values and uniqueness. The people of Parliament, in other words, the integrity of the members and staff must be absolutely beyond reproach. What we do here must have the approval of the public and instil trust. I would like to congratulate the Speaker with a good audit report, but at the same time to send out a warning that we must pay attention to what the little jackals are busy doing in our vineyards. It can only harm this institution's good name.

3244 TUESDAY, 7 DECEMBER 2010 Members of the Legislature have a certain status and a certain charter and deserve a certain measure of respect. The way in which members throw in their support to bear their responsibilities, determines how much respect is shown to members. *Mr P C MCKENZIE: It is a good speech. *Mr J J VISSER: We all understand that members must not consider themselves to be more elevated than others, but when we begin to experience frustrations with regard to the general support a person expects to receive as a member, then the red lights start to flicker.Ordinary things such as well-motivated, trained, disciplined and loyal staff members who give their all for Parliament, are important. The way members must be treated when they have to travel and stay over, is of vital importance. The trust placed in members and the responsibility apportioned to the members with regard to the planning, management and executing their portfolios are things that can either motivate or frustrate members. Parliament must be a place where members look forward to working, where they feel they are appreciated and where they can be committed to play the role expected of them. It must not be “The House of Pain”. That, Mr Speaker, is why it is difficult to understand whyParliament's budget is being cut by R2,4million. At the moment there is a vacancy of four persons in the committee division alone – the componentthat members specifically have to support to be able to play their surveying role. The R245 000 that is added to the member's political activities for funding, is welcome, but the essential components such as staff must not be neglected. The intensity with which the information-technology systems, the upgrading of the sound system in the House, the upgrading of the Houseitself and Hansard are handled is hopelessly too apathetic and slow. These items are things that are purchased and intensely ... [Inaudible.] ... because it hampers the professionalism with which service is delivered. I wish to make so bold a statement as to say that Parliamentdoes not put its money where it matters, and what about this place, a proud bastion of legislative origin...as a government system in the Western Cape.We must all be proud of our home of government. [Applause.] †The SPEAKER: Mr Deputy Speaker, I want to acknowledge all the speakers that have participated in the debate and, of course, we all support the dignity of the House and the integrity of the House as has been requested by the various speakers. I also appreciate the statistics that were raised by the hon Rossouw, the Chief Whip of the DA, on matters that have been concluded, matters that are outstanding, questions that are outstanding, the legislation that has been passed and the investment that we have to make in legislation as well as in public participation.

TUESDAY, 7 DECEMBER 2010 3245 The underspending, of course, is an issue as is the posts that were not all filled. Certain posts were filled within five months, some within six months, and some within 11 months, so there were savings over five months, six months and one month. In one case that I know of, the CFO position, I think it will be one year. Some of the money that was underspent was reallocated to the budget for the next year and, of course, the other amounts of this money were allocated to services in Parliament itself. On the issue of the remuneration, there is a study that had been done by this Parliament and it was updated at the beginning of this year. It has been distributed to all sectors in the country. So far we have concluded our drafts on the grading and the Patterson Model and we’ve looked again at all the ranges of salaries. But that is still an ongoing process. Of course, to seek parity within the legislative sector in the country, is something that all Speakers in the country have difficulty with at the moment. They have not reached any consensus on the matter and there are, as I have said, financial implications and therefore National Treasury also has to make some inputs in that regard. However, the study has been done, the study is being considered by others and, of course, within the sector, and it has been raised by a few of our members who have spoken here. There is definitely parity when it comes to the Public Service, which is government, and in this particular Legislature. In fact, those who earn at the lower end, actually earn more in this Parliament, in comparison with the government sector. But, of course, one has to look at is the specific areas; maybe not all areas, but ones that are considered critical, ones that are considered exceptional under the circumstances. Then maybe those areas can be addressed through the study and one can actually make changes to the particular remuneration study. As for the CFO position, you know we’ve advertised it, we’ve negotiated, we’ve settled and we’ve actually appointed people. Then after all that, they have left and said they didn’t take up the offer, because they have, in turn, renegotiated with their own departments or other people and went back there. We’ve found that on a few occasions, and now we have readvertised it, the applications have come in and the shortlisting is being done again, so hopefully we will conclude that process for the CFO to start in the new year. The website was mentioned. We have capacity there as the person responsible for the website has been appointed. They are working on the programme and we are looking at an upgrade to the current website and the difficulties that we’ve experienced over the last year. The upgrade of the Chamber is with the Aesthetics Committee and a number of recommendations have been made. Of course, this has been factored into the budget with the sound system, the acoustics of the House, the plasma screen and all the other issues that are being dealt with.

3246 TUESDAY, 7 DECEMBER 2010 The breakdown will be dealt with, also in the Aesthetics Committee, where the administration will give a detailed account of how that R1,8 million was allocated for the upgrading of the Chamber. We have, for the last year, been discussing the catering services and I know there have been complaints about it at various times. At this moment there is a short list, which is also with the Aesthetics Committee. Members of the various political parties have also been asked to accompany our officials to food tastings and to visit the facilities of the companies that will offer this service in order for the final recommendation to be made. This means there will be a company that will take full responsibility and it will cater for all the various groups with different tastes as it is not restricted in any way, so, hon Skwatsha, there will be facilities available. I thought this would have been conveyed, because the initial contract and agreement that was drafted indicated those things and the Whips were asked also to discuss those matters with members. The issue of the Hansard service, yes, I think all of us agree, there are serious concerns about the Hansard and the matter has been addressed at various times. The matter is now also being seriously addressed with the contractor that is here. We’ve put the contractor to terms for them to respond to specific issues of concern raised by the members. We have not received the speeches on time, speeches have not been edited, and the six-week period for producing the blue book has not been adhered to, so those issues have all been listed. The company has been given terms to respond to those specific issues and then, eventually, we’ll have to make a decision. If things improve, we’ll have to continue. If they do not improve, of course, there will have to be a decision made in that regard. So, yes, we have challenges regarding the Hansard and we all acknowledge those things. Also, hon Uys, the issue of the decrease in the quality of the rulings that was referred to, yes, we spoke about the decrease. As for the R2,4 million that, of course, is reallocated – the other monies – for services. The issue raised by you, hon Uys, would be the quality of procedural support and the quality of admin support. On the issue of rulings itself, of course there’s a Rules book that governs and guides us in that regard and if there are issues there is definitely the forum where those Rules can be debated. If there are changes to be made to the Rules then that must be considered by the Rules Committee and put to the House for adoption because it’s the property of the House. At this moment, I’m quite confident that the Rulings that were made were properly researched, looked at and listened to, in terms of the Hansard and that the pronouncements made in those rulings are in order according to the Rules book. †Mr P C MCKENZIE: Then you must look in the Rules book.

TUESDAY, 7 DECEMBER 2010 3247 †The SPEAKER: But, certainly, if there are issues that you want to raise, we have a forum and we can then discuss them and take them through the necessary process. The issue of preferential treatment is a view held by hon Uys on the matter, or certain members. [Interjections.] †Mr P C MCKENZIE: It’s all the opposition parties. [Interjections.] †The SPEAKER: Other people might not share the same view on that matter. It happens, at different times in the House, that certain other people may feel aggrieved or not treated similarly and it is not only one side of the House. [Interjections.] The quality of admin support and the CFO, we’ve dealt with the issue. The IT manager was actually working here till the end of May. The position became vacant again from 1 June 2010. Adverts have been placed and processes followed. In fact, the process is complete and all the applications were also sent to assessment centres. That has been completed and the reports are back. Now I’m just waiting for HR to determine from the assessments of the panel whether the final recommendation is being made regarding the IT manager. As for the issue of the research on Votes, yes, last year members was raised an objection with Afriek about the work being done. We’ve then had additional staff allocated for research. There was an attempt by the research department to assist as far as possible, to do research on Votes and to then, of course, forward the information to the various standing committees that they could consider during the debate on the Annual Reports. So assistance was offered. If there were certain shortcomings, I have listened to that and I certainly will take it up with the relevant division and unit to see how we can further bolster and assist in the research being done and cater more comprehensively for all the various standing committees. The fact that the constituency allowance is not on par with that of national Parliament has been raised. I think we have tried to improve on that and that’s why additional monies have been forwarded to all political parties. Our acting CFO, Mr Hindley, has already discussed this with National to find out exactly what the benchmark is and how we can advance money so that the political parties in the province can actually benefit from that advance and use it effectively. So that has been taken into consideration, it’s not something which happened only this year. This has been the status all the years and we’re now trying to improve on that current situation. The point was made that there was interference with the delegations going on overseas trips and that one I leave by saying generally this was by the previous Speaker, where certain guidelines were set and that was particularly followed in the composition of delegations. †Mr M OZINSKY: No!

3248 TUESDAY, 7 DECEMBER 2010 †The SPEAKER: Of course, when we look at the composition of those delegations, then to some extent the smaller parties may not have had an opportunity on every occasion to be part of all delegations in terms of the size of delegation, in terms of the destination of the trip and all the other matters attached to it. So there is a draft and I think that draft has been handed out to the members of the Programming Authority. [Interjections.] They have that copy in their possession, which was compiled by my predecessor. The composition of standing committees is a matter which is currently on the agenda of the Rules Committee. It still has to be discussed at the first meeting of the Rules Committee in the new year and a decision will then be taken by the Rules Committee regarding that matter. Yes, I think in certain regards to public participation, there was lack of representation by communities and we really have to look more carefully at the preparation that goes into public hearings. We should not only have adverts in the newspapers to inform people about public hearings. There’s definitely a group of people among the officials that must do pre-public hearing work within communities. Otherwise, clearly, if we have one or two or three persons attending a public hearing, then it is not serving the purpose of a public hearing. I think we have to concur that there is more groundwork that must be done prior to public hearings. With regard to the Petitions Committee and public awareness of it, what has happened, even with our public outreach programme, is that under Mr Chris Ferndale there’s been an engagement with communities at various events and projects and at all those occasions. For the past year I know that Mr Ferndale has also been promoting and handing out brochures regarding petitions and making the public aware of that. In fact, we try to use any public event that officials go to hand out the brochures to inform people. So this year this has been quite extensive and we must continue to increase the community’s awareness of the petition process. That we would fully support. Member Cupido, thank you very much for your support for the Vote and the acknowledgement, I think, is owed to all of us. The clean audit does not belong to any one particular individual or group. It is all of us who contribute to the clean audit. We keep each other in check to ensure that things are done properly. To everybody who is part of this House and this Parliament, thank you very much for your support. The upgrade of the Chamber, I have indicated that that is with the Aesthetics Committee and full details will be submitted on how that money will be applied and will be available to the members. You’ve indicated concerns about the study tools. I know there is a draft and that draft issue must be addressed in some way to accommodate the smaller minority parties in the various delegations. The composition of committees will have to be a decision made by the Rules Committee. [Interjections.] †Mr P C MCKENZIE: You must accommodate all parties.

TUESDAY, 7 DECEMBER 2010 3249 †The SPEAKER: Thank you very much, Mr Deputy Speaker, the issue, of course is that there’s a draft that we follow and if there’s any changes to be made to that particular composition then it is a decision that has to be taken. Hon Skwatsha, you’ve again raised the issues of the concern about HR. It is an important matter for us and for any Legislature. We have looked at the issues of wellness in this Legislature and improved on that budget. We’ve looked at bursary support to further educate and create opportunities for our staff quite drastically. That has also been announced. We also looked at the issue of grading, remodelling and re-profiling the various positions of members of staff. So that is an ongoing process. We’ve inherited quite a few things, but it’s our responsibility to improve on it and to try to deliver a better product. I think it’s owed to all of us. We’ve noted at various times that there are problems with language and translation. There have been interpretation problems, but we have increased the capacity from what it was before. Especially in the isiXhosa section, we’ve tried to enhance that and to have more interpreters. In fact, we have now developed a database – and I just have to check on it again – to have interpreters on standby. I envisaged that next year when the Chamber, committee rooms and the auditorium are upgraded, parallel meetings can be held in all these places and we should then have interpreters available at all these stations to cater for the needs so the work of the Parliament can continue smoothly. This is a challenge, but we will look at the database and see how we can further improve on it in order to have people on standby to support Parliament. [Interjections.] †Mr P C MCKENZIE: There is a difference between Sotho and isiXhosa. [Laughter.] †The SPEAKER: The policy in this province, Mr Deputy Speaker, is that we have the three languages, namely English, Afrikaans and isiXhosa. Sotho isn’t official in this province. [Interjections.] †Mr P C MCKENZIE: It was used here this morning. †The DEPUTY SPEAKER: Order!Please proceed, Mr Speaker. †The SPEAKER: The entrance for the Members of Parliament and staff was mentioned. I think that discussion did take place in the Rules Committee and certain recommendations were made. However, there’s also the bigger picture of the modernisation of the entrance. There’s been a presentation to the Rules Committee and the Aesthetics Committee on this. That will, of course, encompass the issue on that matter raised by hon Skwatsha. So that will have to be addressed in the broader scheme of the development here at Parliament. The catering, as I’ve indicated, is well underway. There is a shortlist and that will be taken care of differently. I think the Aesthetics Committee has also taken responsibility for the political display and how that will be improved and where that will be positioned.

3250 TUESDAY, 7 DECEMBER 2010 That is also underway and we are, of course, looking at allocating money to a heritage asset committee that will look at all the assets, the portraits and the legacy left behind of this Parliament and will start taking care of it. In fact, a maintenance budget is also required to take care of all the pictures and portraits and to ensure that they are preserved and protected properly. At this moment this is not the case. Things are wrapped in paper and that is a concern and we are trying to get the curators in so that they can advise us accordingly. [Interjections.] Hon Ncedana, I’ve also looked at the underfunding of the smaller parties as well as their representation – I think I’ve addressed that matter along with the hon Cupido’s question –on the various committees and on study tours, because we still have a draft that we follow and unless it is adjusted in any way then we cannot make the necessary amendment. With regards to the additional space for Cope, there’s been that request put to our office. We have a difficulty because space effectively is determined by a quota system based on the number of members we have. But I have requested that if there is any space that we accommodate them, and we should try to facilitate that. Unfortunately, we are a bit constrained at this moment in terms of space on the different floors. [Interjections.] †The DEPUTY SPEAKER: Order! Proceed, Mr Speaker. †The SPEAKER: Mr Deputy Speaker, a number of issues were raised regarding the underspending and the ticketing. A tender has gone out for companies to tender so that a full-time contractor will be appointed to ensure that all travelling, accommodation and car hire, etc, is done through a reputable company. A complete list of all activities that take place on a weekly or biweekly basis will be forwarded to Parliament. The tender has gone out, the applications have come in. I have just been given an indication of how far the shortlisting has progressed with those companies. It is in the process. Hopefully we will conclude it still, so the company will start immediately next year with addressing all those issues of concern. I appreciate members’ concerns that were raised and we have to address it. There’s no way that we can afford and allow those concerns to continue in the new year. So, I think for catering, travelling – all those things – there’s a comprehensive tender that has gone out to deal with all of it. In fact, we’ve gone beyond that now … [Interjections.] We are looking at it and the various political parties have been asked to give inputs on the tools of their trade. Now that that has gone out, I’ve requested the Whips and the leaders of the various political parties today to give feedback, because I have to report back to the National Forum, under the President’s office, to see that we have considered those things. If there’s any information from the various Chief Whips of the Opposition and the other leaders, hon Chief Whip, even if it’s forwarded to my office tomorrow, I’ll appreciate it very much. Those inputs will deal with creating a handbook for all members of this Parliament. That book does not exist at the moment.

TUESDAY, 7 DECEMBER 2010 3251 At the moment we do know that the Ministerial [Interjections.] Handbook deals only with the Ministers and Cabinet and, of course, Presiding Officers. We would like to introduce this handbook that deals with all the facilities for the Members of the Legislature and the Speaker’s Office, so we will separate the two books from each other. It is in the pipeline and it is under discussion. [Interjections.] Hon Visser, I will support what you have reiterated with regard to the dignity of the vows and integrity of all members. I think that it is cardinal for the House and all members that we should have respect for one another and for the leadership in the House, whether it’s the Premier, the Leader of the Opposition, the Chair or the Presiding Officer in the House. I think it should also be the case generally between all members of the House. I’ve mentioned the other issues on Hansard, the upgrade and the positions of the staff [Interjections.] †The DEPUTY SPEAKER: Order, hon members! †The SPEAKER: Hon members, I’d just like to conclude that adverts have been prepared for all the positions that are to be filled. Some have already gone out and the others will still go out in the next week or two. There will be panels that will be sitting to ensure that all positions are filled in due time. Thank you very much, Mr Deputy Speaker. Debate concluded.

BUSINESS SUSPENDED AT 12:51 AND RESUMED AT 14H15.

RULING †The SPEAKER: Order! Members, you may be seated. Before we start proceedings I’d like to read a ruling on a matter. On Tuesday 30 November 2010, the hon Ozinsky raised a point of order requesting me to rule on words allegedly used by the hon Minister of Health, hon Botha. Hon Ozinsky said that the hon Minister called him a “Jew boy” and asked that these utterances be ruled unparliamentarily. Because I did not hear such words being uttered, I first enquired from the hon Minister and asked him to address the House and he denied using those words. I then promised to study Hansard and listen to the tapes before I ruled on the matter. Having now had an opportunity to study Hansard and listen to the tapes, I would like to rule as follows. Both the verbatim Hansard report and the audio tape did not capture the hon Minister saying, “You are a Jew boy”, or words to that effect. I, therefore, am in no position, to rule on utterances that cannot be traced in the records. Thank you very much. †The PREMIER: May I address you on this matter, Mr Speaker? †The SPEAKER: On the ruling? †The PREMIER: No, not on the ruling, but just to make a statement. I was sitting here … [Interjections.]

3252 TUESDAY, 7 DECEMBER 2010 †The SPEAKER: No, I’m saying that’s the ruling, thank you very much. [Interjections.]

STATEMENTS BY MEMBERS *Ms A J DU TOIT MARAIS (DA): Mr Speaker, the National Youth Development Agency has already elicited reactions through allocating exorbitant salaries, whereas this had achieved less than a third of their outcomes over the year. The organisation which was supposed to promote the interests of the youth, as well as youth development is burdened with inefficiency that looks more like a waste of money and cadre appointments.The organisation's incompetence is, furthermore, exposed by the lack of funding now being experienced. The crisis with funding of the controversial World Youth Festival the National Youth Development Agency wants to present can be ascribed to ongoing poor planning. The organisation did not only stand begging for R29 million from the National Government but expected, furthermore, that each province should fork out a further R5 millionto cover the costs of the youth festival. The fact that the Western Cape refused, is something the outspoken National Youth Development Agency's chairperson, Mr Andile Lungisa, first put down to unhelpfulness, especially because the province, according him, knows “nothingabout youth development”. It seems, however, that other provinces had also turned down the request – specifically because it had not been budgeted for – something that requires budgeting. Mr Speaker, the closed ownership of the organisation and its management not having to answer to anyone, or even coming to light with a budget or planfor which the money is going to be used, is alarming.That, coupled to the fact that there are no objectives and/or outcomes for the festival – other than for making it known – will make it appear to be another futile expenditure. With the estimated R370 million – the festival will cost in total – the government would have been able to build 6 850 RDP houses or to pay the salaries of 34 400 high-school teachers – or to provide bursaries for prospective welfare workers, especially in the light of it that we are short of 66 000 to implement the Children's Act. As we have heard this morning in the Adjustment Budget of the Department of Social Development, R7,6 million was made available here for upgrading theKraaifontein Special Youth Centre, as well as for the Rosendal Rehabilitation Centres.[Interjections.] TheSPEAKER: Order! Ms A J DU TOIT MARAIS: It highlights the political will and financial support to address the interests of the youth in a way that makes a difference. [Time expired.] †The SPEAKER: Order! Members can we just contain ourselves, there’s a high noise level. People are having private discussions and are disrupting the speaker on the floor, whom we cannot hear. The person must be audible and one must be able to hear what is being said. So I urge members, in private discussion, to keep it at a lower volume please. †Ms B G MBALO (ANC): Mr Speaker, the power-hungry DA continuously attacks the Constitution and democracy.

TUESDAY, 7 DECEMBER 2010 3253 In its latest clamp down the DA targets and wants to cut the ANC’s committee representation by half and severely limits it to only one member per committee. The DA has regularly encroached on the constitutional oversight and scrutiny role of the opposition. It is a dark day in our democracy when the DA plans to eject half of the ANC members from most committees. This is part of the concerted crusade to close down democratic space for the ANC. If the DA’s numbers are reduced by half, that party would cry foul. Now it pretends it is not a big issue here. Two critical committees to be cut to the minimum are finance and economic development and the watch-dog, Scopa. It is clear that the DA is uncomfortable with and terrified of our oversight. One wonders what there is to hide. The DA should rather open up democracy as there is no proper rationale for or understanding of this. The present arrangement works and should stay; rather increase sharing and exposure. This political-clamp down undermines the role of the opposition and disturbs the balance in the legislature. *Ms J L HARTNICK (DA): MrSpeaker, the DA wishes to thank the WCEDfor the care and attention the department approached the 2010 Matriculation examinations. It was not an easy year for the WCED, and the long holidays during the World Cup and the civil service strike had contributed to the additional burdens thedepartment had to bear. The end of the year is in sight, and the Matriculants have already completed their year. The DA wishes to thank the WCEDand the learners, educators and parents for the support and devotion to see to it that everything went smoothly. Matriculants must realise that they are now taking the first step into the adult world, and that it is accompanied by much responsibility. Some of them are going to start work and others are going to study further in order to make valuable contributions in this province and elsewhere. The end of the Matric year is being celebrated with happiness and revelry, but the joys and performances can soon be disrupted by wrong conduct and wrong decisions. Many of the decisions may be small and often do not get into the front pages of the newspapers, but may have lifelong consequences. The media is already reporting that holiday places such as Plettenberg Bay and Hermanus are not going to put up with the revelry and irresponsible behaviour of Matriculants this year. TheprovincialDepartments of Transport and Community Safety are also ready for action to ensure that the carnage on the roads of the province is going to be less this year. Matriculants are not going to be overlooked. The DA is appealing to all Matriculants and also other learners to act responsibly these holidays. A no must be said to the requests for drugs and alcohol that can result in a quick end to a valuable life. Welcome to the adult world and enjoy the well-earned holidays. [Time expired.] Mnu M NCEDANA (COPE): Somlomo, kukho le nto kuthiwa lucalucalulo, ingcinezelo nobuhlanga. Iyabonakala into yokokuba yinto eqhubekekayo nangona kusithiwa sikwilizwe lenkululeko.Yinyaniso leyo, kodwa ucalucalulo luyaqhubeka Sam Hofmeyer ngoku bendimamele iindaba izolo. [Translation of isiXhosa paragraph follows.]

3254 TUESDAY, 7 DECEMBER 2010 [Mr M NCEDANA (COPE): Speaker, there is what is called apartheid, oppression and racism. It is clear that this is still continuing although we claim to be in a liberated country. That is a fact, but apartheid still continues,and I noticed this as I was listening to news read by Sam Hofmeyer yesterday.] †The SPEAKER: Order, hon Ncedana! Could you just have a seat please. I think I have a problem with the interpretation. Mnu M NCEDANA: Somlomo, ndithi kwiminyaka yakudala kwangaphambi ko-1994 kwakukho ingcinezelo okanye ucalucalulo ngokwebala. Le nto emva kokuba sivotile ngo-1994 kwathiwa ke siluluntu lwedemokrasi olulinganayo phambi kwengalo yomthetho, njalo njalo.Inyaniso yinto yokuba ucalucalulo lusekhona.USam Hofmeyer obethetha ezindabeni izolo xa ebechaza ngento ebuhlungu yokubulawa kwendoda, inkosikazi nomntwana wabo eFree State.Uthi abantu abamnyama bacinga into yokokuba banamalungelo angaphezulu kwabanye abantu. Le nto ithethe into yokuba lo mntu unentlungu pha kuye xa ejonge abantu abamnyama ngendlela endiyitolika ngayo mna. Xa ejonga umntu omnyama umjonga njengomtu oze kuthabatha amalungelo akhe.Ndicinga into yokokuba ke njengokuba idemokrasi ikhula iyafuna into yokuba ingavele ivalwe into yokuba kwakukho ucalucalulo. [Translation of isiXhosa paragraphs follows.] [Mr M NCEDANA: Speaker, I say during the yearsprior 1994 there was oppression or racism in terms of colour. After we voted in 1994 it was said that we are a democratic society which is equal in the rule of law, etc. The fact is that apartheid still exists. Sam Hofmeyer was reading the news yesterday, explaining about a painful incident where a man, his wife and their child were killed in the Free State. He says that black people think that they have more rights than other people. As I see it, he is the one who has a problem when he looks at the black people. When he looks at a black person he sees a person who is going to take his rights. I think as democracy grows now we should not lose sight of the fact that there was apartheid.] There must be a continuous debate.Uyamkhumbula uMnumzana uVisser apha esithi “indawo yomfazi isekhitshini”ukuze aye kupheka phaya njalonjalo.Ezi zinto zizinto ezifuna into yokuba kumane kuxoxwa ngazo, kuba kuphela kwendlela esinokuthi sikwazi ngayo ukuqubisana nokuphelisa umsantsa phakathi kwabamhlophe nabamnyama. [We will remember when Mr Visser said here, “The woman’s place is in the kitchen”, so that she can go and cook there, etc. These are things we must always debate about, because this is the only way in which we will be able to tackle them head on and close the gap between whites and blacks.] †Mr P C MCKENZIE (ANC): Mr Speaker, the DA makes no significant difference to serious crime. It is quick to claim credit, like Barnard’s experiencing, citing the DA’s so-called 70% success in Khayelitsha, crime reduction. It was wrong and the DA had egg on its face. This week the apologetic DA offered reasons and causes for crime. It includes blaming alcohol, not the irresponsible people opening the bottle to misuse an abuse the substance.

TUESDAY, 7 DECEMBER 2010 3255 No, not the criminals, but the producers are at fault. An alcohol vessel does not chase people clutching a knife. It is ill-behaved people who exceed their limits and cause this havoc, but the DA musters office-bearers for a press conference to revisit the well-known causes, but solutions and outcomes are not the focus. The DA in government offered its services to combat crime; after five years in Cape Town and almost two years at provincial level there is still no improvement. Were these more empty promises? The DA should not shrug its shoulders, it has a heavy duty on its shoulders to show its metal to take on crime. Until then too many people will be killed, raped, robbed and bullied. *Mr E J VON BRANDIS (DA): Mr Speaker, during the latest roundups on the province's roads 20 drunken drivers were brought to book. The Metro Police and police force issued an additional 2 445 traffic fines in the Metropolitan area, while various drugs were also confiscated – among which were 1 528 units of tik. The Veilig Tuis/Safely Home campaign was launched last year in order to halve deaths by 2014. The campaign is well on its way to its target, with an almost 12% reduction in fatal road accidentsand a 20% reduction in fatal pedestrian accidents. The campaign has broadened to an extensive wake-up call to safety of all road users and focuses strongly on prevention. Prevention of unsafe and unlicensed public transport that misuses our province's roads, for example, an SA Roadlink bus carrying 47 passengerswithout the necessary permits was brought to book on 26 November 2010. The entire process focuses on crime prevention by means of effective roadblocks that address a variety of problems, among other things, alcohol, drugs, overloading of vehicles, etc. The campaign also makes use of the cooperation of private bodies, for example in cooperation with Lead-SA, drivers who are found guilty of drunken driving are exposed in the daily newspapers. More recently, the organisation for the motor-trade industry, together with voluntary vehicle testing stations, conducted safety tests free for almost two weeks. †Mr Speaker, with the festive season and school holidays upon us, we ask for co-operation and patience, the Safely Home campaign is meant to help all, to protect all, so that indeed, all of us can arrive safely home. †Mr R B LENTIT (ID): Mr Speaker, for the past 18 months I have observed debates in this House. I have also had the opportunity of playing an advisory role to my two colleagues, former member Sarah Paulse and member Sakkie Jenner. This advisory role that I played for the two of them will serve as a solid foundation in preparing me for the work that lies ahead in this Parliament. The ID has a track record of being pro-poor and I will definitely be that voice in every activity of this Parliament. Speaker, and hon members, I vow to practise what I have preached to my predecessors, and as I am sitting on this side of the House, with my DA colleagues, I truly believe that I am part of the solution to better the lives of the people of the Western Cape.

3256 TUESDAY, 7 DECEMBER 2010 *Ms A ROSSOUW (DA): The national Department of Minerals and Energy strives to ensure responsible exploitation, development, processing, issuing of permits and the management of minerals and energy sources. Furthermore, the departmenthas a mandate to supervise the transformation and state management of the minerals and energy sectors and to take care of the sustainable development thereof. †South Africa’s mineral pool must be increased for economic survival, but precautions must be taken to ensure that declared protected areas, such as the Ramsar wetlands along the West Coast Renosterveld or areas of major historical or archaeological interest ... [Inaudible.] … are protected. [Interjections.] †The SPEAKER: Order, members! *Ms A ROSSOUW: Die DA welcomes the pronouncement as well as the moratorium imposed on new applications for existing prospecting licences so that there can be an extensive audit and investigation.The DA is of the opinion, however, that a time frame must once again be put in place to prevent it from becoming a permanent institution. About 25 600 applications have been submitted country wide since 2004, for mining and prospectingrights. †The DA, however, is concerned that no official consultation process with owners of land has been followed in the process of handing out prospecting licences. The mining industry has caused major destruction on man’s environment. The ANC government has not acknowledged the seriousness of mine water contamination and the pending environmental disaster. If existing mining problems cannot be solved effectively, no further potentially disastrous mining ventures should be entered into. *According to the Minerals and Petroleum Resources Development Act, the state owner, African Exploration and Mining Finance Corporation (AEMFC), is exempted from certain provisions for application procedures, prospecting rights, mining rights and permits.Earlier this year, the AEMFC had to withdraw a range of prospecting rights in the Western Cape after large-scale opposition to it. Prospecting rights and mining licences were issued randomly without taking into account the status of the land. The DA requests that there must be a judicious approach to the consideration and allocation of these prospecting rights. Companies must be able to produce proof of their financing and rehabilitating abilities before prospecting rights are allocated. [Time expired.] †Mr M OZINSKY (ANC): Mr Speaker, the ever-growing water crisis in the Western Cape is a real cause for concern. The DA’s deafening silence on this matter is underwhelming, yet it has a constitutional duty to assist local government. From Beaufort West to Laingsburg, water shortages due to the present period of drought in the Central Karoo even got the members of the public voluntarily taking water there. However, DA itself has done little and even the head of Agri Western Capehas had to appeal to the government to intervene on this matter. In many areas the little Karoo is also regularly suffering from spells of drought. Along the Southern Cape it’s easy to move a desalination plant there and soon to solve the problem.

TUESDAY, 7 DECEMBER 2010 3257 What can be done in the Karoo areas? That is a big challenge for this government, which has done little until now. For a party that readily has solutions and plans for all, it now has to rise to the occasion and do more than to leave the matter in the hands of disaster management to co-ordinate temporary aid. We have taken note of the predictions that the whole Metropolitan area of Cape Town will soon run into shortages of water in a few years’ time. There are still restrictions in place here, but no plan to deal with this. A long term vision and solution must now be forthcoming especially when seen against our Bill of Rights. The DA must walk its talk, not talk and talk. [Interjections.] †Mr M SKWATSHA: Just walk your talk. [Interjections.] †Mr M OZINSKY: In your case you can run the talk. *Mr J J VISSER (DA): Mr Speaker, today I wish to enlighten the House on the position of service delivery in the Western Cape with regard to basic services that include water supply, sanitation, refuse removal and electricity supply. It is interesting that the ANC makes the biggest noise about primary services where they are delivered best but where they are really lacking, political speeches are made at public hearings, and the people's questions and needs are disregarded, such as what took place at the NCOP's visit to the Free State. The Basic Services Publication that was released recently by the national government, shows that 97,6% of the households in the Western Cape have access to potable water – which is the second highest in the country. The backlog in water supply in the Western Capeis only2,4%: once again, the second best in the country. TheWestern Cape supplies free water to 71,4% of the classified poor people: the third best in South Africa. With provision of sanitation, the Western Cape is at the top of the list, with 93,6%of the residents having access to sanitation while the province, which is second on the list, gives sanitation to only 87,4% of the residents. The audacity of the ANC, with their toilet saga in the metropolitan area of Cape Town is therefore absolutely outrageous. I do not hear the ANC also making such a noise about the Limpopo province which gives only 47,2% of their people access to sanitation. Take note, Mr Speaker, that more than half of the people of the Limpopo province do not have access to toilets. The Western Cape's backlog in electricity supply is only 13,9% of people who do not have access to electricity, which is once again the best in the country! Compare our refuse removal, then the Western Cape reaches 90,3% of its people that have access to refuse removal – once again the best in South Africa. TheWestern Cape sets an example to the rest of the country with regard to service delivery, and guess who is in control? The DA of course.As the saying roughly goes: The ANC must not remove the beam from its own eye and forget about the splinter in the eyes of others. Those who live in glass houses should not throw stones. [Time expired.]

3258 TUESDAY, 7 DECEMBER 2010

CONGRATULATIONS TO WINNERS AT ANNUAL EXCELLENCE IN HEALTHCARE GALA AWARD CEREMONY

(Motion)

†Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice:

That the House congratulates the winners from the Western Cape Department of Health, who are in the gallery today, who were awarded prizes at the National Department of Health’s Annual Excellence in Healthcare Gala Award Ceremony in Boksburg last week. The national winner of the Cecilia Makiwane Award was John Blom. He is a male nurse from the West Bank Clinic in Malmesbury, who also won the Provincial Award. The National Rural District Health Services Award went to Cape Winelands, Central Karoo and Overberg. Represented by Lizette Phillips and Carien Bester. Sonja Pope of Cloetesville Clinical Pharmacy won the second place for the National South African Pharmacy Council for Pharmacist of the Year. We acknowledgeyour devotion and presence in the House today.

[Motion as moved by member.] Ms A J DU TOIT MARAIS: Mr Speaker, I move without notice: That the House – (1) congratulates the winners from the Western Cape Department of Health

who were awarded prizes at the annual excellence in health care gala award ceremony of the National Department of Health, which was held in Boksburg last week, on 29 November 2010;

(2) notes that – (a) the national winner of the Cecilia Makiwane award was John Blom, a

male nurse from the West Bank Clinic in Malmesbury, who earlier this year also won the provincial award;

(b) the National Rural District Health Systems Best Practice Award went

to Cape Winelands, Central Karoo and Overberg, who were represented by Lizette Phillips and Carien Bester; and

(c) Sonja Pope of Cloetesville Clinical Pharmacy came second in the

national South African Pharmacy Council competition in the category Pharmacist of the Year; and

(3) wishes to give recognition to the dedication of these winners and to the

fact that they are present in the House today. [Motion as printed in Minutes.] Agreed to.

TUESDAY, 7 DECEMBER 2010 3259

CONGRATULATIONS TO MEMBERS OF PROVINCIALPARLIAMENT

(Motion) *Mr EH ELOFF: Mr Speaker, I move without notice:

That the Housecongratulates Members of the Provincial Council Anroux Marais and Patrick McKenzie whose birthday it is tomorrow, Wednesday 8 December 2010, as well as congratulations to Minister Theuns Botha on his birthday onFriday 10 December. Everyone is invited for an ox-braai on the farm.

[Motion as moved by member.] Mr E H ELOFF: Mr Speaker, I move without notice: That the House congratulates – (1) MPP A J Du Toit Marais on her birthday tomorrow, Wednesday 8

December 2010; (2) MPP P C McKenzie on his birthday; and (3) Minister T L Botha on his birthday on Friday, 10 December 2010. [Motion as printed in Minutes.] Agreed to.

RECONCILIATION DAY

(Motion) †Mr M OZINSKY: Mr Speaker, I move without notice:

That the House encourages citizens and its members to use Reconciliation Day on 16 December to remember our divided past and to take practical steps in the coming year to build national unity in our country.

[Motion as moved by member.] Mr M OZINSKY: Mr Speaker, I move without notice: That the House encourages all the citizens of our province and country and all

the Members of this House to use Reconciliation Day on 16 December to remember our divided past, but also to take practical steps in the coming year to build national unity in our country.

[Motion as printed in Minutes.] Agreed to.

3260 TUESDAY, 7 DECEMBER 2010

CONGRATULATIONS TO HOME FROM HOME

(Motion) †Ms M TINGWE: Mr Speaker: I move without notice:

That the house congratulates a young Cape Town organisation that has received international recognition for its work in helping vulnerable HIV-positive children to grow up in healthy, loving and supportive homes. The Wynberg-based Home from Home has received a prestigious award from the Stars Foundation in the UK on 2 December 2010 for being the best up-and-coming NGO, working on child protection in Africa, the Middle East and Asia Pacific region.

[Motion as moved by member.] Ms M TINGWE: Mr Speaker: I move without notice: That the House – (1) congratulates the young Cape Town organisation Home from Home Trust,

that has received international recognition for its work in helping orphaned, abandoned and vulnerable, mostly HIV-positive, children to grow up in healthy, loving and supportive homes; and

(2) notes with pride and gratitude that – (a) Home from Home Trust, based in Wynberg in Cape Town, received

the prestigious “Rising Star Award” from the Stars Foundation in the United Kingdom on 2 December 2010; and

(b) the Rising Star Award has been awarded to them for being the best

up-and-coming NGO working on child protection in Africa, the Middle East and Asia Pacific region.

[Motion as printed in Minutes.] Agreed to.

CONGRATULATIONS TO SAPS AND NPA

(Motion) †Mr M OZINSKY: Mr Speaker, I move without notice:

That the House congratulates the SAPS and NPA in its quick conviction of one of the murderers in the Dewani case and gives its support to Mr Hindocha the father of the victim, Anni, and the rest of his family and thanks him for the kind words he has said for South Africans, in these difficult times for his family.

[Motion as moved by member.]

TUESDAY, 7 DECEMBER 2010 3261 Mr M OZINSKY: Mr Speaker, I move without notice: That the House – (1) congratulates the South African Police Service and the National

Prosecuting Authority on the quick conviction of one of the murderers in the Dewani case; and

(2) (a) gives its support to Mr Hindocha, the father of the victim, Anni, and the

rest of his family, in these very difficult times for him and his family; and

(b) thanks him for the kind words he has for South Africans. [Motion as printed in Minutes.] Agreed to.

DROP IN KHAYELITSHA’S INFANT HIV INFECTION RATE

(Motion) †Ms J WITBOOI: Mr Speaker, I move without notice:

That the House welcomes the drop in infant HIV infection in Khayelitsha know to be an area in the province that is worst affected by this pandemic and where the number of sexually transmitted infections dropping dramatically in the past five years.

[Motion as moved by member.] Ms J WITBOOI: Mr Speaker, I move without notice: That the House – (1) welcomes the drop in the infant HIV infection rate in Khayelitsha; and (2) notes that – (a) Khayelitsha has been known as one of the areas in the Western Cape

worst affected by this pandemic; and (b) the number of sexually transmitted infections in that area dropped

dramatically in the past five years. [Motion as printed in Minutes.] Agreed to.

3262 TUESDAY, 7 DECEMBER 2010

WESTERN CAPE LIQUOR AMENDMENT BILL [B4B—2010]

(Consideration and finalisation) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Speaker, I rise to open this debate on the Western Cape Liquor Amendment Bill, and just as a bit of contextualisation and framework, I want to say we all know that two years ago this House passed the Western Cape Liquor Bill. Unfortunately it could not be fully enacted because, from the direction of the national Minister, Minister Rob Davies, it was said that we had a conflict in our piece of legislation with regard to the, the South African Schools Act. Therefore after taking office, one of the very first meetings that I had was with Minister Davies and his department. There it was outlined what the issue was and from that day on the course of the Amendment Bill was set. We also took the opportunity during this time to put forward an amendment to that Bill to look at some other changes, mainly technical, and I will address a couple of those changes. However, before I go into the nuts and bolts of the actual Amendment Bill, let’s just have a look at the impacts liquor has on our province and it has two sides to it, Mr Speaker. Obviously from my department’s side, the regulation of liquor licensing is done within the Department of Economic Development, which is the reason why I’m actually heading up this Bill. Obviously the problem doesn’t come from the sale of alcohol, but the impact of alcohol abuse has some very negative side effects for our province and perhaps I should highlight one or two of them. We all know that more than 70% of trauma cases seen at Tygerberg Hospital are alcohol-related. Alcohol abuse is the third leading cause of death and disease in South Africa. On the negative side, it costs us 2% of our GDP every year. If we move across to the Western Cape Department of Health, they’ve done some studies that say that it sucks up nearly half their budget – R6 billion a year – which is the direct and indirect cost associated with the negative impact of liquor. There are studies from UCT that show that the implications of road deaths in our province is that it costs us up to R4 billion a year, both indirectly and directly. South Africans ranked amongst the top three heaviest drinkers in the world and we have various indices that we really cannot be proud of. The fact that we have the highest foetal alcohol syndrome incidence in the world, these are the kind of things that as a government, we are challenged by time and time again. It’s obviously really negative and this is stuff that governments really need to deal with. It was quite shocking to see in some of the results that the Minister of Safety and Security gave us just yesterday, that last week there were 48 murders in the Western Cape and 43 of them were alcohol-related. These are the kind of things that are really detrimental to society and that’s where we have to make a big difference, as a government.

TUESDAY, 7 DECEMBER 2010 3263 Then, of course, there is the other side of it and as I started off by saying, in my job I’ve got to balance both sides. On the other side we’ve got what alcohol does bring to the province. We know that wine plays a major role in the brand of the province and wine plays a big role in how we market the province. We’ve got a tourism industry and wine plays a major role in that. We know that the industry in South Africa contributes R27 billion to our country’s GDP and creates 275 000 jobs. We know that in the Western Cape the liquor industry is responsible for 8,8% of total direct employment and 17% of household income. The wine industry employs over 100 000 people alone and there are more than 300 000 wine farms that produce 1,1 billion litres of wine per annum. Wine contributes around R6,5 billion to the Western Cape’s economy. The tax revenue of South African Breweries alone for South Africa is in the order of R1,4 billion and so, Mr Speaker, this is one of those matters that we as government are charged with. We’ve got to make sure that we deal with licensing, with regulation, with trying to manage the negative aspects while, of course, understanding at the same time that there are also positive aspects. That brings me back to the liquor Amendment Bill and the amendment, as I said, really deals with the contradiction with the Schools Act that needs to be removed and so that has been removed. We’ve also made technical amendments to the Bill. Specifically, there were a lot of changes with regard to wording. We addressed definitions, perhaps to give you an example, table wine versus natural wine, and this was to align it with the National Liquor Products Act. We also talk about wine and fortified wine, and we might not have seen until now that there was a bit of a discrepancy as to whether supermarkets could sell fortified wine. There was a discrepancy around the National Liquor Products Act and this cleans all of that up and helps us to really define things in order to have no grey areas. There is another area that is of great concern to me, and you will see it here in the definition of beer, because I think there has been a loophole that has been used, not specifically in the word “beer” but in the word “ale” and we do know that there are a couple of manufacturers who buy wine and then add all sorts of other mixtures to it. At the end of the day the percentage of wine in this ale is very low – I think I can call it a concoction – and we’ve got to be aware of those kind of concoctions because at the end of the day they border on being poisonous rather than a beverage that should be sold to the public. Mr Speaker, perhaps I should mention one or two other items in this Bill that bring about clarity, specifically concerning the hours of trading and the competency that the municipalities have in this role in that they can determine hours of trade and days of trade. However, we also outline the fallback position in the Bill should a municipality not wish to determine those hours and days of trade. I think an item to end off with before we go into the debate is that municipalities also now need to take zoning into account when liquor licences are being dealt with. I know this is going to be one of those issues that is going to be a challenge going forward. In the last 18 months I have been specifically dealing with municipalities on this matter and trying to prepare them for it.

3264 TUESDAY, 7 DECEMBER 2010 They need to make sure that they are able to deal with this as we go forward and we are going to keep a close watch on it. Also, I think it’s known that I really would like to see and support municipalities in creating commercial zones within residential areas. This is because one of the main complaints that we receive, as a government, from the general public out there is that traders are not responsible. They trade till all hours of the night and really disturb communities in residential areas. That really upsets communities and I can understand it. I would not want to have someone living next door to me operating until 3:00 or 4:00 in the morning when I have children wanting to study for school and I’m having to prepare for work the next day. Those are the issues that I think zoning really starts to deal with and there seems to be recognition from the public that this is the direction that they would like to see us moving in. But as I said, I think it is going to be a challenge as we move forward. Mr Speaker, I will deal with the rest of these issues in the second part of this debate. I look forward to hearing from the other members. Mnu M NCEDANA: Somlomo, siyavumelana nalomqulu ubekwa apha nguMphathiswa, enkosi. [Mr M NCEDANA: Speaker, we welcome this document put here by the Minister, thank you.] †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, hon Skwatsha is taking my attention away. [Laughter.] This debate on the Western Cape Liquor Amendment Bill represents a momentous occasion for our Province. The Bill speaks to the need for intense community participation whereby communities have a real say in how many liquor outlets they allow on their streets. Mr Speaker, to those who claim that the closing down of illegal shebeens will lead to massive job losses, I want to say that we have to choose between the women and children we need to protect and the people who make money out of their misery. It is extremely appropriate that we are dealing with this Bill during the 16 Days of Activism for no Violence Against Women and Children. The Western Cape is saturated with alcohol. It is the drinking capital of South Africa. All the harm caused by alcohol such as violence, child abuse, road accidents, mental illness and foetal alcohol syndrome also have a negative impact on the social development of the Western Cape. As long as our communities continue to be ravaged by alcohol and drug abuse, most of the money we spend on mitigating the harms they cause will be wasted. In a healthy society alcohol can complement good company and good food. However, in a sick society like ours where drinking easily turns into binge drinking, beatings, child abuse and homicide government needs to intervene. History has also shown that when the poorer communities start to spend a major proportion of their income on alcohol, government must have the political will to act. The Liquor Amendment Bill represents our political will to act. We owe this to our children. †The LEADER OF THE OPPOSITION: The ANC supports this Amendment Bill and, in fact, this is a strengthening of the Act that we introduced in in our time. It is a very important Act and the standing committee at the time made absolutely sure that that they had drafted the best law that we could have in this province.

TUESDAY, 7 DECEMBER 2010 3265 Mr Speaker, social development is one of those issues which the hon MEC De Lille said earlier we shouldn’t make politics of. It’s that kind of issue, because alcohol is ravaging our communities. It doesn’t matter what we say and at which point we say it; the point is it is destructive, it destroys families, our children are not safe and vulnerable communities are not safe – and not just vulnerable communities. Women and men aren’t safe in their homes, so for me there is no politics in this things. I do think there are a couple of things though that we must also consider. One is that if you think about coloured and African townships in the province, for many, many years there were very few places of recreation. Now I know that when you were working on the first piece of legislation between 2006 and 2008, there was an enormous amount of public participation on it that took place. So that kind of sustained public participation and continued education must take place. I think that is something that came up very strongly in our standing committee. As the Minister says, alcohol plays two roles in the province. It is both devastating as well as a big economic driver. Now it seems as if anything between 70 000 and 190 000 people are employed in this industry. But there is a problem; in terms of zoning rights because there is no land in townships that is close to where people are living, for example. So we have to find ways to balance that. It’s not as if you are going to a wine farm where you are getting into your car to go there. It’s about what happens in people’s backyards, so I think we must find some solution. If there are 190 000 people – and I am just using the most extreme number that I’ve heard – who are going to be unemployed then I think the department has to provide and has to help with alternative economic streams. I’m not saying that there is an obligation on the department, I’m just saying it would be very useful to us to do just that or we will have big problems as a result of this. The other issue is that only about 800 shebeens of the 8 000 wines or alcohol outlets – and the totals might not be that big – have been licensed. Others must move to being licensed, because after all you’re not banning alcohol. I’m sure that for many of us we’d really just like it not to be in our communities, but we’ve got to make sure that we move very quickly to ensure that they are licensed and regulated so that it’s safe, that times are kept, that there are no disturbances and so forth. I think it is very important, as it plays such a devastating role in our communities, that we support the legislation and any amendments in the future that will strengthen this legislation. I’d like to thank the chairperson of the standing committee for holding this standing committee together in a particularly apolitical manner so that we’ve come out of it with the best solutions for the people of the province. †Mr E J VON BRANDIS: Mr Speaker, it is very difficult to strike a balance between the liquor industry, the hospitality industry and the community which insists on stricter restrictions. Alcohol abuse is the number one factor in just about every incident of rape, child abuse and violent assault. It has an enormous social and financial cost for the South African economy. The national cost per year is estimated at R15 billion – the direct and indirect costs. Even the risk of contracting HIV through risky behaviour is linked to alcohol abuse. Evidence of liquor consumption featured in 46% of transport-related injuries and 51% of transport-related deaths.

3266 TUESDAY, 7 DECEMBER 2010 Despite the social cost the wine industry, liquor industry, established hospitality industry and established taverns provide measurable direct and indirect employment opportunities. This Amendment Bill saw a public participation period and refinement to the proposed Western Cape Amendment Bill because of the received comments which were analysed and finalised by the committee. I wish to thank all the committee members for their open-minded participation. I also want to thank the public for their input and all the officials who took part in this process. Mr Speaker, the DA supports the Amendment Bill. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Thank you very much to everyone, Mr Speaker. Thank you first of all to all of those who have taken part in the debate. Mr Ncedana, thank you very much for your support. Minister De Lille, you raised a couple of specific issues, which also lead to some of the issues raised by the hon Leader of the Opposition. Let me address the matter of some of the problems that we find specifically in some of residential areas that in the past have never had zoning or the opportunity for commercial space and where the residents are putting up a fight to say they do not want this happening right where they live. It’s a difficult situation and we need to create to those high streets. Here I want to say that I specifically would like to thank the industry players, because industries come along and say we will partner with you to help you. Now it’s up to local government because that’s where that kind of zoning planning takes place to try and bring the players together to create high streets. We are probably going to have to force the creation of some of these streets, because as was mentioned by the hon Leader of the Opposition, there are about 30 000 illegal shebeen owners in the Western Cape. They operate without licences and are from various levels. Some of them only trade on a weekend with a couple of cases of beer, others are much more formal, entrenched, bigger businesses that employ people and we have got to make sure that we find that balance. I think we do realise that. To give you an example, and I am just using these numbers from memory, if we have a look at the last year or year-and-a-half, we have had a 360% increase in licences in Khayelitsha alone. That sounds like a big number, but it’s actually not a big number, because it’s moved from 11 licensed operators to 54 licensed operators. The numbers are too low. We need to create the high street model, because what that does is it allows people to migrate into different businesses as well. And I think that’s something that we must understand. We cannot have 30 000 illegal shebeens today and suddenly licence all 30 000. The industry itself is saying we can’t do that. We are saying we can’t do that. We will have a number that we will have to licence, because we need to find the correct balance and it’s about balance. Initially it was about balance between the negative aspects and the economy. It’s about creating that balance so that you don’t create an opportunity for underground trade, for illegal operations to move into other spaces of trade and really cause damage and trouble.

TUESDAY, 7 DECEMBER 2010 3267 Thank you very much to the hon De Lille for her input and to the hon Leader of the Opposition. I’ve mentioned the number of illegals, also that it isn’t about politics and that this has come a long, long way. It has actually been in standing committees for 10 years – 10 years’ worth of backwards and forwards and public participation. It is evident that anyone that served in that space, on those standing committees, went out to communities, heard about the hardships and heard about the problems, so we’ve been there and it’s been a long, long road. I am glad that we’re getting to the stage now where this amendment is probably going to help us to see the end of that road, but I also think, as the hon Brown mentioned, that we can always come back and amend it again. If we find other areas where perhaps there is something that is not working well, we’ll bring it back to the standing committee and we’ll do it again. I’d also like to thank the Chair very much for his input, for again taking it through the public participation process. Every step of the way we’ve gone through the public participation process and I thank him for his role. I thank him for the communication and the support that he has given me in this process. Just to end, Mr Speaker, I would also like to thank specifically the drafters and the Department. I see Mr Windvogel there, who has been part of seeing this Bill through … [interjections] … part of the furniture, yes. [Laughter.] †Mr M OZINSKY: Why have you banished them upstairs? Why can’t they sit down here? †The MINISTER: Ask them. They prefer to sit up there, I think. Thank you for this process. I know that it’s also been long and tedious, but now we have reached another milestone so we can move forward. Obviously after the Bill is signed into law we will start a whole new process of setting up the authority, of setting up the tribunal. There is a lot of work that has to happen from here, but I also want to thank the legal counsel and all of those involved in the department in helping us get this amendment to where it is. I also want to thank the industry and the public; the public, on the one side, for giving us a hard time and the industry, on other side, for perhaps also sometimes giving us a hard time. Hopefully at the end of the day we have navigated something and it’s going to create that balance so that we actually achieve what we want to achieve without being too hard on those responsible players in the industry. That’s what I want to end off with. It’s about a responsible industry and job losses were mentioned. I think that those players in the industry that are responsible are actually going to find they are going to be in a position to employ more people. This is because as we remove the irresponsible, illegal players out of the system there hopefully won’t be as much demand for abuse, but if there is some demand for alcohol and it’s a responsible demand it’s going to help you in business to create some more jobs and obviously help us with the good side of the liquor industry. Mr Speaker, last of all I would just like to say thank you to my office.

3268 TUESDAY, 7 DECEMBER 2010 My office is the space that has to receive the flack of the public and the industry when they can’t get meetings, when they can’t juggle diaries to fit in. I want to thank them for the time they gave to make sure that the Bill got to this space today. I want to thank them for what they have to put up with. I know I’m elected so it’s fine if I have to get up for the 2:00 morning call when somebody has been irresponsible. However, I thank them for also dealing with those issues so well and for the role that they played in getting this Bill here. Last of all, Mr Speaker, I just want to thank everybody for supporting this Bill. It is also a message that we want a safe and responsible holiday season ahead. Debate concluded. Bill finalised. The Bill to be sent to the Premier for assent.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Consideration of Votes and Schedules) †The SPEAKER: As we consider the Votes parties are entitled to speak for three minutes on each of the Votes if they so wish. I will now put the Votes. Vote 1 agreed to (ANC dissenting). Vote 2 agreed to (ANC dissenting). Vote 3 agreed to. Vote 4 agreed to (ANC dissenting). Votes 5 to 14 agreed to. Schedules agreed to. Clauses and Title agreed to.

WESTERN CAPE ADJUSTMENTS APPROPRIATION BILL [B9—2010]

(Finalisation) †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Thank you Speaker. I move that we go to the finalisation of the Bill please. Order disposed of without debate. Bill finalised. The Bill will be sent to the Premier for assent.

TUESDAY, 7 DECEMBER 2010 3269

RULING †The SPEAKER: Order, members! Before we conclude the business of the day I just want to deal with an issue which has occurred a short while ago in the House. During the debate today the hon Minister Bredell raised a point of order and enquired whether hon Ozinsky could refer to another hon Member as being senile. I enquired of the hon Ozinsky whether he used the word “senile”. He admitted to using the expression and said that he was referring to the hon Minister Carlisle as getting old. Members are aware that they may not use offensive or unbecoming language in the House. I have consulted the concise Oxford English Dictionary where “senile” is defined as—

… having the weaknesses or diseases of old age, especially a loss of mental faculties characteristic of or caused by old age.

This no doubt has a negative connotation used in relation to members and is a reflection on the ability of a Member of the House to perform his or her duties. I therefore rule that the hon Ozinsky withdraw the remark unconditionally. †Mr M OZINSKY: Chair, really, I don’t understand the ruling given the definition of the word. To refer to someone as “old” can’t be unparliamentary. But because you’ve made this ruling and because I respect you I withdraw it unconditionally and apologise. But I really don’t understand. †The SPEAKER: Thank you very much, hon Ozinsky. †Mr M OZINSKY: It’ unbelievable, it’s like saying calling someone young is insulting. It’s really not insulting. [Interjections] †The SPEAKER: That concludes that matter. Order Members, order! Hon Chief Whip, do you want to address the Chair? *Ms A ROSSOUW: Mr Speaker, honMember Ozinsky has withdrawn it, but a ruling had been made against the honmember, Robin Carlisle, in that ruling. In the light of what has happened now, it is not correct. Can it be withdrawn or set aside? †The SPEAKER: No, I think that’s a separate matter. We will not deal with that matter now. We will deal with it separately. [Interjections.] Order! As is our tradition, I will now afford representatives of parties an opportunity to address the House on the occasion of the end of the year and the end of the session.

CLOSING †The LEADER OF THE OPPOSITION: Thank you very much, Mr Speaker. And so today, on 7 December 2010, we come to the close of a very tumultuous – and I am not even sure if it can be called robust – year. It’s been a very, very hard year. I think I would like to say, on behalf of the ANC, thank you very much to you, Premier, members of the Cabinet and all Members of the Legislator. Even though we constantly say go and take a break, we know this is not a period of taking a break. Nobody ever gets to take a break over this period.

3270 TUESDAY, 7 DECEMBER 2010 It’s the time in the Western Cape when crime is at its highest. All of us are mobilised, because fires break out in this period, and so forth. Very often we are just windbags, politicians who make a noise about lots of things, but we know that everybody will be active and busy. I think what we must also say is that everybody should try and spend some time with their family and loved ones, because next year is going to be as robust as this year, so it’s worth it to take time out and do just that. For those who are celebrating Christmas, a very blessed Christmas to you and a most wonderful and prosperous new year to everyone and to the people of the Western Cape. Most importantly, let this be our safe Christmas period, our safe festive season. Let it just be safe, safe for all of us, but most importantly, for our children. Mr Speaker, you often are the centre of all our anger, so I want to say to you too that it’s not an easy House to run and I wish you a bit of a break in this period. I hope that we can all come back in the new year ready to take on the new challenges. †Mr M NCEDANA: Mr Speaker, it has been a good and bad year for all of us here. In particular, from the side of Cope we have not been pleased with some of the behaviour we have observed, but equally we have learnt a lot during the past year. I think that at the year’s closing we will remember, I wish, that next year will be different from this year. During our recess we will take time, we will reflect, we will look at the time wasted in the House, time that could have been much better spent on improving the lives of the people of the Western Cape. I, however, want to thank the government under the leadership of Madam Zille, for the good work that they have done across the province and I hope that the recess will give them more energy to come back next year to do more. I can’t forget the Minister of Education. He helped us a lot during the beginning of the year. I must say a special thanks to him because he has been a good Minister. When I communicated with him he never treated me like a politician from another party. He dealt with the issues and he was able to respond to those issues and I must say I am grateful for that kind of response from his side. I wish all the members here good time. I know there is no resting time, that is true, but we must find time to spend with our families, because they need us too. Ngalo mazwi ndifuna ukuthi abo bonwabela iKrismesi njengam babe neKrismesi emyoli njengam kuba ndizakuthi ndiye kolusa iigusha. Ukuba uye pha kwam, xa ujikela pha ngaseQunu udlula kwaMandela, uze umise upopoze uthi “Mbulelo”, ndiza kukuxhelela igusha. [With those words I want to say to those who enjoy Christmas like me they must have a happy one because I will be herding my sheep. If you come to my place, when you are in Qunu passing the Mandela household, just hoot and say, “Mbulelo”, I will slaughter a sheep for you.] †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, hon Madam Premier, I must make a confession.

TUESDAY, 7 DECEMBER 2010 3271 When I arrived here on the first day I said to myself, “Is this the Wild West or is it the Western Cape Legislator?” But I must say even though the debates are robust, the friendliness amongst members is highly appreciated. The hon Leader of the Opposition said it all. The fires have already started. We have had quite a number over the weekend and we are losing lives every year. The Department of Social Development is ready to deal with problems and help wherever we can. I hope that members will have a restful period. Hon Skwatsha can play Koekie Loekie. [Interjections.] I’ll give him the CD for Christmas so he can enjoy it. To all the other hon Members, I wish you a blessed Christmas and holiday. [Laughter.] Also, we must spend time with our families. I don’t think we realise that in the work we are doing, our families become the casualties. So, spend some time with your families and don’t drink and drive. [Interjections.] *Ms P W CUPIDO: Mr Speaker, I also want to tell you that this year 2010 was very different from the past seven years I have experienced in this legislation. It was different in different frameworks, but yet it was interesting. I would also like to tell you that you had many attacks, but fortunately you have been in politics for some time. You know how it is, and earlier I looked at you to see how you react to the debate and saw that there was still a smile. You have probably shifted the things you have heard somewhat into the background, but I also wish you all the best and hope that you will thoroughly enjoy this time of rest and make use of it. Also to the Cabinetand the Premier I want to say thank you very much for the hard work. It was also good for me to see, for a change, how the DA governs. Much good work is being done. There are departments where good work can still be done, but I am sure you will meet all the challenges. To the other members in the other parties, I also want to wish you a blessed period of rest. Also to the DA – it's not that I have left you out now. [Laughter.]Enjoy the holidays, and I trust that next year will also be another kind of year, and that we will be much more serious. An election is at hand, and there were a few low points this year, but I think that we are in a position to overcome them and that we will reach new heights in the new year. †The PREMIER: Thank you very much indeed, Mr Speaker. It’s a very rare occasion that we all agree with each other in this wild Western Cape Legislature and it’s wonderful that we do so at the end of the year, at the end of what the Leader of the Opposition rightly defines as a very tumultuous year. She rightly recognises that next is going to be even worse. I do wish all the hon members and the Official Opposition a very blessed festive season, but it won’t be a peaceful one, because you have a few more things to settle in this particular period, as have the hon members of COPE and a couple of other people. [Laughter.] But we certainly do wish you peace and potentially goodwill as well and we hope it all goes according to the plan. We also hope that it all happens without too much alcohol, because we all know that over 80% of murders and assaults – probably also the various meetings that we’ve seen – have been fuelled by alcohol.

3272 TUESDAY, 7 DECEMBER 2010 So, it’s absolutely appropriate that we end this year with passing that most important of Bills, the Liquor Bill which has been almost eight years in the making. It’s wonderful to see that pass through this Legislature now as our final trumpet call for this year. It’s also bizarre for normal people, and sometimes there are many people in the gallery. This particular space can’t really be described as such, but when normal people come here, Mr Speaker, they’re amazed that we can rage at each other in the way that we do and then go out and chat happily over lunch and actually display the fact that most of us quite like each other. That is part of what politics is about as the hon Cupido has just said. I thought the other day it was quite bizarre when the President and I had to do a dance contest in front of television cameras and 3 000 people in Mitchells Plain. I thought to myself where else in the world do you get a dance contest face-off between the President of a country and the Leader of the Opposition? Only in South Africa! And it is certainly only in South Africa that you can have a very committed feminist singing a song like Koekie Loekie and the Leader of a constitutional democracy singing a song like Awulethu ’mshini wam.[Laughter.] That is the kind of culture and history we have and all of us when we choose our leader don’t only look at the policy positions, we also give them singing and dancing auditions. So I hope in the months ahead the hon Skwatsha’s singing and dancing is up to scratch– as well as his rival’s –because I don’t want to take sides. This is equally so with Cope. Let us hope that this festive season passes peacefully and well for the most vulnerable people in the province, the ngamathamsanqa.[Wishing you a happy Christmas and a prosperous New Year.] †The SPEAKER: Thank you very much. May I also take this opportunity on behalf of the Western Cape Provincial Parliament, the Speaker’s Office, management and staff to extend our best wishes to everyone over the festive season. I wish those who celebrate Christmas a blessed festive season and a prosperous New Year. On behalf of all the Members of Parliament we want to extend our best wishes to our communities and to the citizens of the Western Cape. Have a blessed Christmas and prosperous New Year and an enjoyable festive season. homeless, the children, the women who are abused and all the people who are abused in this Province. Let us say that we have achieved a lot this year, but we have a very, very long way to go. The one thing that we all share in common is that we want this constitutional democracy to work and to work well, because we want South Africa to work. All of us work hard in the Western Cape because it’s the platform that we have to enable South Africa to work. Thank you very much for your role too, Mr Speaker, and thank you to all the staff of the Legislature and to all of the staff of the Western Cape Provincial Government. Nibene Krisimesi emnandi nonyaka omtsha ozele The House adjourned at 16:43.

TUESDAY, 7 DECEMBER 2010 3273 ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS TUESDAY, 7 DECEMBER 2010 ANNOUNCEMENTS The Speaker: Assent by Premier in respect of Bills 1. Western Cape Health Care Waste Management Amendment Bill [B 3B-2010]

– Act 6 of 2010 (assented to and signed by Premier on 6 December 2010). 2. Western Cape Provincial School Education Amendment Bill [B 8B-2010] – Act

7 of 2010 (assented to and signed by Premier on 6 December 2010). TABLING Provincial Gazette Extraordinary Provincial Gazette Extraordinary 6811, dated 30 November 2010: Publication of Western Cape Education: Public Ordinary Schools Resource Targeting list 2011. WEDNESDAY, 8 DECEMBER 2010 ANNOUNCEMENTS The Speaker: 1. Assent by Premier in respect of Bill

Western Cape Procurement (Business Interest of Employees Bill [B 7-2010] – Act 8 of 2010 (assented to and signed by Premier on 8 December 2010).

2. Assent by Acting Premier in respect of Bill

Western Cape Adjustments Appropriation Bill [B 9-2010] – Act 9 of 2010 (assented to and signed by Acting Premier on 8 December 2010).

MONDAY, 13 DECEMBER 2010 ANNOUNCEMENT The Speaker: Assent by Acting Premier in respect of Bill

Western Cape Liquor Amendment Bill [B 4B–2010] – Act 10 of 2010 (assented to and signed by Acting Premier on 9 December 2010).

3274 TUESDAY, 7 DECEMBER 2010 TABLINGS 1. Provincial Treasury

Annual Consolidated Financial Information for the year ended 31 March 2010. 2. Provincial Gazette Extraordinary

(a) Provincial Gazette Extraordinary 6822, dated 8 December 2010: Publication of

Western Cape Health Care Waste Management Amendment Act, 2010 (Act 6 of 2010).

(b) Provincial Gazette Extraordinary 6823, dated 8 December 2010: Publication of

Western Cape Provincial School Education Amendment Act, 2010 (Act 7 of 2010).

(c) Provincial Gazette Extraordinary 6830, dated 9 December 2010: Publication of

Provincial Development Council Act Draft Repeal Bill, 2010. TUESDAY, 14 DECEMBER 2010 TABLINGS The Speaker: 1. Provincial Gazette Extraordinary

(a) Provincial Gazette Extraordinary 6832, dated 10 December 2010: Publication

of Western Cape Procurement (Business Interests of Employees) Act, 2010 (Act 8 of 2010).

(b) Provincial Gazette Extraordinary 6833, dated 10 December 2010: Publication

of Western Cape Adjustments Appropriation Act, 2010 (Act 9 of 2010). (c) Provincial Gazette Extraordinary 6834, dated 14 December 2010: Publication

of Western Cape Liquor Amendment Act, 2010 (Act 10 of 2010). THURSDAY, 27 JANUARY 2011 ANNOUNCEMENT The Speaker: Referral of draft bill to committees in terms of Rule 204:

Standing Committee on Governance and Standing Committee on Community Safety:

Draft Military Veterans Bill, 2011 (proposed section 75 Bill).

TUESDAY, 7 DECEMBER 2010 3275 TABLINGS The Speaker: Public Service Commission Reports (c) Overview of the Implementation of the Financial Disclosure Framework:

Financial Year 2008/2009 [RP171/2010].

(d) Consolidated Monitoring and Evaluation Report on the Departments of Housing (Human Settlements) Evaluation Cycle 2009/2010 [RP216/2010].

FRIDAY, 4 FEBRUARY 2011 ANNOUNCEMENTS The Speaker: 1. Referral of draft bill to committee in terms of Rule 204:

Standing Committee on Education, Cultural Affairs and Sport:

Draft Constitution Amendment Bill, 2011 (proposed section 74 (3) Bill). 2. Updated list of changes in standing committee membership (*denotes a

change):

1. *Rules Committee Members: 11

DA (6) ANC (2) COPE (1) ID (1) ACDP (1)

Esau, S (C) Majola, TR Rossouw, A Eloff, EH Geyer, HP Visser, JJ Alternate Member Marais, AJD

Uys, P Skwatsha, M Alternate Members Ozinsky, M Tingwe, M

Ncedana, M Alternate Member Van Zyl, JA

Lentit, RB,*

Cupido, PW

3276 TUESDAY, 7 DECEMBER 2010

2. *Budget Committee Members: 13

DA (8) ANC (2) COPE (1) ID (1) ACDP (1)

VonBrandis, EJ(C) Eloff, EH Labuschagne, C Marais, AJD Hartnick, JL Visser, JJ Wiley, MGE Walters, MC

Brown, L Skwatsha, M Alternate Member Beerwinkel, CF

Ncedana, M Alternate Member Bevu, TN

Lentit, RB*

Cupido, PW

3. Petitions Committee Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Eloff, EH (C)Labuschagne, C Hartnick, JL Wiley, MGE Alternate Member Walters, MC

Tingwe, M Prins, E Alternate Members Witbooi, J Uys, P

Van Zyl, JA Alternate Member Ncedana, M

4. Standing Committee onFinance, Economic Development and 2010

World Cup (Provincial Treasury, Economic Development and Tourism and Transport

and Public Works) Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Von Brandis, EJ (C) Eloff, EH Visser, JJ Walters, MC Alternate Member Geyer, HP

Brown, L Skwatsha, M Alternate Members Beerwinkel, CF Mbalo, BG

Ncedana, M Alternate Member Bevu, TN

TUESDAY, 7 DECEMBER 2010 3277

5. *Standing Committee on Education, Cultural Affairs and Sport

(Education and Cultural Affairs and Sport)

Members: 5

DA (3) ANC (1) COPE ID ACDP (1)

Hartnick, JL (C) Wiley, MGE Education Labuschagne, C Cultural Affairs and Sport Marais, AJD Alternate Member Majola, TR

Education Beerwinkel, CF Cultural Affairs and Sport Stali, ZC Alternate Member Jacobs, PM

Alternate Member Lentit, RB*

Cupido, PW

6. Standing Committee on Agriculture and Environmental Planning

(Agriculture and Environmental Affairs and Development Planning)

Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Walters, MC (C) Visser, JJ Eloff, EH Von Brandis, EJ Alternate Members Rossouw, A Hartnick, JL Geyer, HP

Prins, E Ozinsky, M Alternate Member McKenzie, PC

Van Zyl, JA

Alternate Member Cupido, PW

7. *Standing Committee on Governance (Local Government, Housing and

National Council of Provinces)

Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Visser, JJ (C) Walters, MC Geyer, HP Eloff, EH Alternate Member Von Brandis, EJ

Uys, P Jacobs, PM Alternate Member Beerwinkel, CF

Ncedana, M

Alternate Member Lentit, RB*

3278 TUESDAY, 7 DECEMBER 2010

8. *Standing Committee on Community Development (Health and Social Development)

Members: 5

DA (3) ANC (1) COPE ID (1) ACDP

Marais, AJD (C) Labuschagne, C Wiley, MGE Alternate Members Majola, TR Hartnick, JL

Health Witbooi, J Social Development Magwaza, NP Alternate Member Hani, V

Lentit, RB *

Alternate Member Cupido, PW

9. *Standing Committee on Community Safety (Community Safety) Members: 5

DA (3) ANC (1) COPE ID (1) ACDP

Wiley, MGE (C) Labuschagne, C Marais, AJD Alternate Members Hartnick, JL Majola, TR

McKenzie, PC Alternate Members Prins, E Hani, V

Lentit, RB*

Alternate Member Cupido, PW

10. Standing Committee on Premier, Gender, Disabled and Youth

(Premier) Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Labuschagne, C (C) Marais, AJD Hartnick, JL Wiley, MGE Alternate Members Geyer, HP Majola, TR

Premier Mbalo, BG Alternate Member Brown, L Gender, Disabled and Youth Tingwe, M Hani, V Alternate Member Magwaza, NP

Bevu, TN Alternate Member Ncedana, M

TUESDAY, 7 DECEMBER 2010 3279

11. Standing Committee on Public Accounts

Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Eloff, EH Geyer, HP Von Brandis, EJ Visser, JJ Alternate Members Wiley, MGE Labuschagne, C Walters, MC

Ozinsky, M Stali, ZC Alternate Member Beerwinkel, CF

Bevu, TN (C) Alternate Member Ncedana, M

12. Conduct Committee

Members: 7

DA (4) ANC (2) COPE (1) ID ACDP

Von Brandis, EJ Rossouw, A Geyer, HP (C) Hartnick, JL Alternate Member Marais, AJD

Uys, P Skwatsha, M

Bevu, TN Alternate Member Ncedana, M

13. *Disciplinary Committee (as per SR 93)

Members: 7

DA (3) ANC (1) COPE (1) ID (1) ACDP (1)

Majola, TR (C) Geyer, HP Rossouw, A Alternate Member Eloff, EH

Uys, P Alternate Member Skwatsha, M

Ncedana, M Alternate Member Bevu, TN

Lentit, RB*

Cupido, PW

3280 TUESDAY, 7 DECEMBER 2010

14. Chairpersons’ Forum Members: 10

DA (9) ANC COPE (1) ID ACDP

Majola, TR (C) Von Brandis, EJ Eloff, EH Hartnick, JL Walters, MC Visser, JJ Marais, AJD Labuschagne, C Wiley, MGE

Bevu, TN

15. *Aesthetics Committee

Members: 5

DA (3) ANC (1) COPE ID (1) ACDP

Esau, S (C) Rossouw, A Marais, AJD Alternate Members Geyer, HP Eloff, EH

Uys, P Alternate Member Beerwinkel, CF

Lentit, RB*

THURSDAY, 10 FEBRUARY 2011 ANNOUNCEMENT The Speaker:

REPORT OF THE WESTERN CAPE DELEGATION TO THE 56TH COMMON-WEALTH PARLIAMENTARY ASSOCIATION (CPA) INTERNATIONAL CON-FERENCE HELD IN NAIROBI, KENYA, FROM 10 TO 19 SEPTEMBER 2010

A. Introduction The 56th Conference of the Commonwealth Parliamentary Association (CPA) International was hosted by the Kenyan Parliament and the people of Kenya in Nairobi from 10 to 19 September 2010.

TUESDAY, 7 DECEMBER 2010 3281 The theme of the conference, “Parliament and Development in the 21st Century: Thus far and beyond”, was fitting for the more experienced Commonwealth parliaments, but more particularly for those Commonwealth parliaments with emerging democracies, with the focus constantly on lessons learnt and experiences and best practices shared during CPA sessions, workshops and social activities. CPA Conference meetings were held at the Kenyatta International Conference Centre in Nairobi. B. Delegation The Western Cape Provincial Parliament (WCPP) Branch of the CPA consisted of 7 persons, namely, Mr S Esau (Speaker, full delegate and head of the delegation), Ms L Brown, Ms A J D Marais, Mr M Skwatsha and Mr J JVisser (Members of the Provincial Parliament), Ms A Viljoen (spouse of the Speaker) and Mr MD K Sassman (accompanying WCPP official). The delegation from the WCPP Branch formed part of the larger South African delegation, which consisted of 91 persons. This South African delegation further formed part of the total CPA Conference delegation, which included close to 1 000 delegates (including Speakers, Ministers, Members of Parliament, State Legislators, parliamentary officials and observers from the Commonwealth countries. C. Objectives of the Conference The CPA Conference and associated events (Executive Committee, Women Parliamentarians Steering Committee, Small Branches Conference, plenary sessions, workshops and meetings of the Society of Clerks-at-the-Table) formed part of the programme, with the objective of discussing relevant topics in pursuit of the positive ideals of promoting and developing parliamentary democracy by enhancing knowledge and understanding of democratic governance through sharing experiences and best practices. It also endeavoured to build an informed parliamentary community able to deepen the Commonwealth’s democratic commitment and further co-operation among its parliaments and legislatures. In the last decade more than 50 new parliaments and legislatures joined the CPA. D. Conference programme Sunday, 12 September 2010 The delegation of the WCPP Branch departed for Kenya at 10:30 and arrived in Nairobi at 19:30. After registration the delegation booked into the Liaco Regency Hotel. Monday, 13 September 2010 Ms Brown and Ms Marais attended the Commonwealth Women Parliamentarians (CWP) Conference from 09:00 until 17:00. The CWP Conference consisted of four sessions, which dealt with the following respective topics: Session 1: Strategies to Increase Women’s Representation in Parliament The session focused on the strategies to be applied in order to increase women’s representation in Parliament.

3282 TUESDAY, 7 DECEMBER 2010 There was general consensus that an increase in women’s representation in Parliament was critical for any country to achieve development and full democracy. Participants felt that women should increase their efforts to prevent the dominant culture where they were not considered as political leaders and that they should strive to create networks to support one another. Session 2: Enhancing Participation of Women in Decision-Making Processes The session addressed the problems affecting women’s participation in decision-making processes and the strategies in enhancing the same. Some of the main issues hampering the participation of women in decision-making processes include: Legal mechanisms that are unresponsive to half of the population; attitudinal, cultural and structural societal impediments that ostracise women, especially in their quest for upward political mobility; economic disparity between men and women; non-democratisation of political parties; and the lack of practical policies to address gender issues, women’s access to technology and the media, violence against women running for political office, lower education levels and opportunities and the lack of capacity building of women towards attaining leadership positions. Session 3: Women as Migrant Workers The discussions highlighted a number of challenges facing women migrant workers, most of which relate to their roles in the family. These include strain on marriages owing to separation from spouses, the possibility of infidelity and divorce, women being shunned by their communities for not fulfilling their “traditional” roles as wives, the occurrence of temporary marriages to acquire citizenship, psychological distress caused by separation from spouses and children suffering theeffects of an absent mother. Migrants are looking for basic human rights such as safety, a home, and the ability to provide for themselves and their families – all rights guaranteed to them under international human rights laws. Interventions from the floor were varied and were categorical that the plight of women migrant workers was at stake and that women parliamentarians have an eminent role to play in ensuring that migration is beneficial to these unsung heroes who have ventured out to fend for their families. Session 4: Reform of Political Parties – Working Towards Democracy Political party reform is a very slow process as there are a lot of structural barriers to indigenous women and previously colonised countries. Sexism, racism and poverty are very strong and powerful barriers to equity and representation. Civil society is critical to the political party reform process and can play an important ethical role to educate and protect the existing political system and provide a buffer approach for party reforms and representation, although it is difficult to have a civil society that has such power. The discussion highlighted three areas of intervention for women, namely, political parties, the provision of high-skills training for women willing to participate in politics and equipping women with communication skills training to enable them build confidence.

TUESDAY, 7 DECEMBER 2010 3283 Other skills cited as best practices to be trained on entail raising women’s competencies and include coalition building, fundraising and imparting skills to young women so that women are viewed as leaders and not only as wives. This helps in enhancing women’s positive engagement on issues that affect women within and across boundaries. A reception and dinner for the CWP Conference participants were hosted by the CWP President, the hon. AminaAbdallah, MP, at 19:00 at the Crown Plaza Hotel. Tuesday, 14 September 2010 Official Opening Ceremony of the 56th CPA Conference At 10:00, the President of the CPA and Speaker of the National Assembly of the Republic of Kenya, the hon Kenneth Marende, E G H, MP, in his address to the delegates of the 56th CPA Conference, urged delegates to build on the Commonwealth’s commitment to further consultations, understanding, collaboration and co-operation among its parliaments and legislatures and to the promotion of parliamentary democracy. He further stated that this conference should be the opportunity to meet, engage in dialogue and to discuss matters of common concern, as this interchange of views under the CPA’s umbrella was something to treasure. The hon Marende also delivered a message to the CPA Conference participants on behalf of Her Majesty Queen Elizabeth II. His Excellency the honMwaiKibaki, C G H, MP, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, officially opened the 56th CPA Conference in Nairobi, Kenya. In his opening address, against a picturesque backdrop of a mosaic of flags, PresMwaiKibaki urged Commonwealth parliaments to lead efforts to tackle climate change and energy, uplift the status of women, address the plight of migrant workers and promote peace and security, the key developmental challenges confronting nations which require urgent attention. He emphasised the importance of making informed development policies in the areas of socio-economic development, such as water and sanitation, energy, health and education, the basic rights which people must enjoy in order to be productive and to lead dignified lives. Regional Group Meetings At 14:00, the CPA Conference delegates divided into regions and held separate Regional Group Meetings. The regions were the following: Africa, Asia, Australia, British Islands and Mediterranean, Canada, the Caribbean, the Americas and the Atlantic, India, the Pacific and South East Asia. The Africa Region met to receive an update, to be introduced to its leadership and to discuss regional issues and issues to be addressed in the General Assembly on 18 September 2010. The accompanying persons/spouses to the conference also held a briefing session.

3284 TUESDAY, 7 DECEMBER 2010 Plenary 1 The plenary commenced at 15:30. Addresses by Dr W F Shija, Secretary-General of the CPA, and H E Kamalesh Sharma, Secretary-General of the Commonwealth, were followed by a question and answer session as well as a general briefing for delegates, observers and secretaries. Dr W F Shija stated in his address: “When I am asked what the Commonwealth Parliamentary Association does, I usually reply in brief that ‘it is a school for parliamentarians and parliamentary staff’.” He said it was because over the years the CPA had contributed to capacity building, parliamentary reform, parliamentary administration and parliamentary practice through thousands of workshops, seminars and conference sessions in various parts of our regions and in the world in general. In fact, newly independent African and Asian countries utilised the CPA network to consolidate their parliamentary activities. He further said that it had also assisted thousands of parliamentarians, staff and individual parliaments to standardise parliamentary practice and improve skills.The CPA conferences therefore, contrary to critics, are not ‘talk shops’. They are serious parliamentary training sessions aimed at increasing the capacity of individual parliamentarians to effectively perform in their national legislatures and also to play a meaningful role in the arena of international politics and economics. H E Kamalesh Sharma addressed the delegates on challenges the institution faced and the importance of the separation of powers by the three arms of government. A welcome reception and dinner for all Conference participants was hosted at 19:00 on the KICC lawns by the honMarende. Wednesday, 15 – Thursday, 16 September 2010 In line with traditions of the CPA, the National Assembly organised an overnight excursion tour to various parts of Kenya for all delegates which departed on 15 and returned on 16 September 2010. During this period delegates were treated to spectacular tourist attraction sites with which the country is endowed. CPA Conference participants took time off from plenary debates for a two-day excursion in the countryside to sample the country’s premier tourism sites. CPA Conference participants were requested, before their arrival in Kenya, to indicate their choice of sector they wished to tour. The following options were available, with a brief description of each sector: Sector I: The Great Rift Valley (Naivasha – Nakuru) The Great African Rift Valley tour is a favorite among nature lovers, game viewers, bird watchers and geologists because of the region’s rich ecological heritage. Delegates on this tour viewed the steep cliffs overlooking the Great Rift Valley floor as they were driven to Naivasha and Nakuru. The Rift Valley is strewn with lakes and wildlife reserves and the alkaline waters of Lake Nakuru attract flamingoes and pelicans by the thousands. The scenic orchards, farmlands and acres of flower plantations that surround the fresh water Lake Naivasha provided visitors with very memorable experiences.

TUESDAY, 7 DECEMBER 2010 3285 Sector II: Masai Mara Plains Masai Mara is the home of many species of wildlife. Located about 270 km from Nairobi and 35 minutes by air, the reserve is about 1 510 square km. Spectacular game viewing is available day and night in this part of the world, with the most diverse ecosystem. Delegates were able to venture into the bush accompanied by knowledgeable guides and spent the day out in the savanna enjoying a great picnic. They also enjoyed sundowners on the plains and visited local Masai villages where the Masai communities live within the dispersal area with their stock, but a century of close association with the wildlife has resulted in an almost symbiotic relationship where wildlife and people live in peace with one another. Delegates dined in the bush alongside hippo pools, besides seeing the rare white rhino. Sector III: Mount Kenya Region and LewaDown Conservancy Delegates travelled by road to the conservancy, the 110 000-acre OlPejeta Conservancy, which lies on the plains of Mount Kenya, 217 km from Nairobi. Host to all the members of the ‘Big Five' (elephant, rhino, lion, buffalo and leopard), the conservancy has a higher wildlife-to-area ratio than any Kenyan national park and is one of only four private game conservancies to have been founded in Kenya. At the forefront of the Kenyan conservancy programme, the conservancy boasts the largest black rhino sanctuary in East Africa, hosts the only chimpanzee sanctuary in Kenya and shelters large numbers of rare and endangered species. Delegates also visited the Lewa Wildlife Conservancy which is situated against the dramatic backdrop of the snow-covered massif of Mt Kenya. It is an outstanding tourist destination, offering spectacular scenery, superb game viewing and exciting activities for the discerning traveller. Sector IV: Coastal Region (Mombasa beaches, Fort Jesus, Haller Park and Kenya Ports Authority) Kenya’s coastal region boasts the second largest city (Mombasa) after the country’s capital city, Nairobi. Mombasa is located about 500 km from Nairobi and 45 minutes by air. Delegates visiting the coastal strip were able to view the following attraction sites: Fort Jesus Built in 1593 by the Portuguese, Fort Jesus is Mombasa's greatest tourist attraction. Designed by the Italian architect Cairati, the structure represents an Italian fortress from the sixteenth century. Built in the shape of a man, the fort was given the name of Jesus as a clear religious reference. The fort changed hands nine times between 1631 and 1875 before finally resting in the hands of the British. Haller Park (Bamburi Nature Trail) Haller Park, also known as Bamburi Nature Trail, is a rehabilitation project on the site of Bamburi Portland Cement Company. The Haller Park sanctuary includes Sally and Potty (the hippos), giraffes, Cape buffalo, zebras and waterbucks. More than 160 bird species have been introduced to the area, including weaver birds, cranes, pelicans and storks.

3286 TUESDAY, 7 DECEMBER 2010 Walking and cycling paths wind through the trees, groves of casuarina that are known for their ability to withstand harsh environments. The highlight for many visitors was the scene of crocodiles fighting for food during feeding time. They also displayed carnivorous species, a marine aquarium and snakes. The nature trails in Haller Park lead to a butterfly pavilion with many coastal species and the Nguni Wildlife Sanctuary, where herds of ostrich, eland and oryx are farmed. Kenya Ports Authority Delegates visited the Kenya Ports Authority, which manages the port of Mombasa. The port traces its history back many centuries and remains the regional hub and gateway to the East African region. All delegates of the WCPP Branch visited Sector IV: The Coastal Region, except Mr M Skwatsha, who visited Sector II: The Masai Mara. All participants were served luncheons and dinners of the highest quality, took time to enjoy good food and great socialising and made lasting memories of the tours and hosted events. Friday, 17 September 2010 Business meeting of the CWP Ms Brown and Ms Marais attended the Business Meeting of the CWP and the election of the CWP Chairperson from 08:00 until 10:45. At the meeting the Speaker of the Parliament of Dominica, the honAlix Boyd Knights, MHA, was elected as Chairperson of the Commonwealth Women Parliamentarians, the first Chairperson to become an Officer of the Commonwealth Parliamentary Association (CPA). Ms Boyd Knights was elected by more than 70 women members of parliaments and legislatures from around the Commonwealth at the meeting in Nairobi. She won the post by ballot against a parliamentarian from Quebec. She will serve a three-year term as Chairperson of the CWP Steering Committee, succeeding Ms Kashmala Tariq, MNA, Member of the National Assembly of Pakistan. Ms Tariq was the second elected Chairperson of the CWP, having been elected to the office in 2007. The Steering Committee is composed of female parliamentarians representing each of the CPA’s nine geographic regions. Workshop sessions At 11:00 and 14:30 delegates participated in the following workshop sessions where presentations were made, respective topics discussed and thereafter reported on: Workshop A: The Role of Parliament in Peace Building: The Case of Kenya in Addressing Post-Election Violence in 2008 Mr M Skwatsha attended Workshop A. It dealt with the role of Parliaments in stemming the prevalence and effects of election-related conflicts in Commonwealth countries. The focus was on how Parliament addressed Kenya’s worst post-election violence in 2008, which led to property destruction and claimed 1 300 lives. There was consensus that inter-ethnic conflicts were universal phenomena that were new to neither Kenya nor to other democracies.

TUESDAY, 7 DECEMBER 2010 3287 Optimism was expressed that the recently promulgated constitution would address electoral malpractices and that Parliament would re-enact laws and draw from best practices in the Commonwealth and beyond. Workshop B: The Role of Parliamentarians in Natural Disaster Management Ms A Marais and Mr J Visser attended this workshop. While countries have disaster management plans and policies in place, it was noted that it remained just policies and that preparedness levels were very low. It was agreed that countries need to move from policies to implementation and action in order to address disasters effectively. In addition to mainstreaming disaster management in development planning, it was stated that countries should emulate best practice and draw lessons from those states that have suffered catastrophic disasters in recent history. Parliaments were singled out as the best avenue to engage in high level advocacy to achieve mileage when it comes to government actions. At the same time, parliaments need to sustain linkages and networks and participate in the Global Platform which brings together parliamentarians to address the global agenda. Noting that climate change and human activity have played a significant role in disasters, it was recommended that, as a standard practice, the CPA should have an ongoing programme on climate change and disaster management. The Speaker of the Chattisgarh Branch, India, informed delegates that the United Nations declared the last decade of the twentieth century as the International Decade for Disaster Reduction (IDNDR) and initiated several strategies to strengthen preparedness among the disaster-prone nations. He informed participants that in 1999 the government of India set up a high-powered committee to develop a disaster management plan at national, state and district levels and that the Bill on Disaster Management was unanimously adopted by both Houses of Parliament. Workshop C: Energy and Environment: Achieving Sustainable Development Ms L Brown attended this workshop. The workshop sought to improve the balance between environmental management and protection and energy and resource development. It was noted that fossil fuel burning had contributed significantly to the production of ozone-depleting substances which have led to global warming and the unsustainable use of the environment. The participants noted that climate change had changed the world by causing, amongst others – (a) the loss of crops; (b) declining productivity; (c) reduced food security; (d) increased water scarcity; (e) increased challenges to energy access; (f) risk to poverty alleviation; (g) the inability to produce some valued crops; (h) the loss of houses in flood-prone areas; and (i) an increase in diseases like malaria.

3288 TUESDAY, 7 DECEMBER 2010 The Commonwealth was urged to develop strategies on sustainable energy technologies. Workshop D: Parliament, Accountability and the Role of Internet Governance in Strengthening Oversight Mr S Esau attended this workshop. It was reported that the twenty-first century has witnessed a virtual digital revolution. This has allowed for the strengthening of the role of parliaments in ensuring government accountability, given the fact that traditionally the workings of many parliaments have evolved from being shrouded in secrecy. The increasing development and utilisation of the internet has led to the need for ‘’internet governance’’ and has made this matter worthy of serious consideration by legislatures as they seek to maintain acceptable levels of accountability in the operations of their governments. Participants shared the experience of the Caribbean Internet Governance Policy which engages stakeholders in the development of policies and structures for internet governance and presents a new environment for sustainable social and economic development as the region is faced with increasing crime, migration of human capital and economic losses. Baroness Thornton identified five areas where ICT might enhance efficiency and representation. They include conveniently increasing access to parliament and MPs by the public, enhanced professionalism of members, increased public participation, opening up parliamentary proceedings and increased transparency and networking with other institutions for ICT developments. Participants were encouraged to make certain that their respective parliaments were ICT compliant to afford the public access to information on acts, bills, Hansard and the workings of parliament. There also ought to be a real-time broadcast of parliamentary proceedings, including those of committee meetings. Speakers encouraged parliaments to enhance internet governance by way of strengthening training facilities, establishing internet outlets, allocating more funds to the ICT sector and strengthening laws on internet freedom and privacy. In the end participants agreed that individual parliaments and the CPA should play a key role in promoting the use of information technology, including e-government. This should begin with demystifying the code of secrecy and enhancing transparency. It was also agreed that there was a need to enact relevant laws to curtail cyber crime and ICT-related crimes. Participants also urged the CPA to include information access as one of the benchmarks of the Association. Workshop E: The Role of Parliamentarians in Facilitating Grassroots Projects Mr M Skwatsha attended this workshop. Participants discussed the role of parliamentarians in facilitating grassroots projects especially considering their indispensable role as the link between the people and the government. The speakers agreed that although there existed serious challenges for parliamentarians in overseeing the implementation of development projects through such initiatives as the constituency development fund, it was imperative that they were the key stakeholders since they had an intimate knowledge of the needs of the people.

TUESDAY, 7 DECEMBER 2010 3289 The underlying philosophy of the Constituency Development Fund (CDF) is that national development begins at the community/constituency level through effective representation by elected officials and the integral involvement of community members in the decision-making process. In Kenya the main purpose of the CDF is to take development projects to citizens at grassroots level within the shortest time possible, in order to alleviate poverty. The fund is managed both at national and grassroots level. This is equally the case in Jamaica. It was observed that in the implementation of the CDF programmes, a number of challenges had emerged which called for new thinking. It observed that mechanisms set in place to ensure transparency and accountability are under-developed. There were also concerns as to whether the projects funded from the CDF were consistent with national development priorities and goals, including focusing on millennium development goals. Senator EmbauMokeni of Trinidad and Tobago was concerned that there was less participation and involvement of communities and urged that there was a need to enhance the same. She added that MPs should increase bottom-up initiatives in the implementation of CDF programmes. Workshop F: The Role of Parliamentarians in the Protection of Migrant Workers Mr S Esau and Ms A Marais attended this workshop. Considering the increasing number of cases of exploitation, abuse, attacks and discrimination against migrant workers, there was consensus among the participants that Parliament had a huge task of protecting the migrant workers in their countries against any forms of violation or exploitation. The parliamentarians must ensure that the migrant workers’ fundamental rights are respected and that no form of violence or abuse is directed at migrants, whether legal or illegal. Governments should ratify resolutions related to migrant workers while the parliamentary committees should focus on issues of migrant workers to ensure that human rights are respected. Parliamentarians should be at the forefront in reducing anti-migrant backlash problems and promote inclusiveness of the minority and the poor. Governments are focusing on economic growth and must therefore treat unskilled workers and migrants in all sectors in a respectful manner and ensure that migrant workers are regularly trained. A comprehensive review of migrant workers laws should be paramount for parliamentarians, together with the formation of regional caucuses with other nations on how to handle migration issues. It was noted that developed countries have effective migrant management systems that have proper records of the migrant workers. However, most developing countries have highly skilled unregistered workers and asylum seekers but have no migration laws. Parliamentarians must therefore enact laws that protect the migrants and residents of their countries.

3290 TUESDAY, 7 DECEMBER 2010 They should also sign and ratify international treaties, conventions and agreements that protect migrant workers. Parliamentarians must go further and monitor the implementation of these laws in their countries. The international community has formulated laws to address these challenges faced by migrant workers though they have not yet been ratified by most countries. Stability and peace should be maintained to protect those who move to other countries as refugees owing to political instability in their countries, such as Zimbabweans in South Africa. Governments must ensure they have proper reception areas for these migrants. There was concern over police treatment of arrested victims of human smuggling and agreement that they should be handled with respect as they were victims of human smuggling agents. Dual citizenship is not uniform in all countries and should be dealt with on a country to country basis. There was consensus that MPs should educate the public to eliminate xenophobia and discrimination instead of inciting them against foreigners. It was emphasised that MPs should formulate laws such as anti-trafficking laws and must ensure that they incorporate both illegal and legal migrants with sufficient budgetary provisions. They should also co-ordinate and harmonise ministries in terms of laws and policies as it was noted that this was a common problem in many countries. Workshop G: The Global Water and Food Crisis Mr J Visser attended this workshop. It was agreed that water scarcity is the major cause of poverty as it especially stifles agricultural development, thus depriving a large portion of the population access to food. Scarcity of water was also pointed out as a major cause of conflict through tensions in sharing the resource. The severity of the food crisis as illustrated by the increase in the prices of essential commodities across the world was also noted. The World Bank had estimated that about 100 million people could make their way into the ranks of poverty as a result of the soaring food prices. Hence it is imperative for concerned governments to take substantial steps to control food prices and make low-cost food grains accessible to the needy and poor. The rate at which the global population is growing was also recognised as a real concern in the water and food crisis. Increased stress on water resources is attributed to population growth, which leads to added pressure to provide water for domestic purposes as well as to provide food, either through irrigated agriculture, raising of livestock or industrial growth. The World Health Organisation has indicated that there are approximately 1,1 billion people globally who do not have access to safe drinking water. Participants agreed that there was a need to protect rain-fed natural forests as they were starting points of water sources. This could be done through preventing deforestation and fires, alongside proper management of the current water sources such as rivers, lakes, etc. World leaders should approach the issue of global water and food crisis more humanely without attaching political and business interests which shift the focus from the goals to be achieved.

TUESDAY, 7 DECEMBER 2010 3291 Workshop H: How Prepared is the Commonwealth for the Emerging New World Economic Order? Ms L Brown attended this workshop, which sought to interrogate the extent of countries’ preparedness and to share diverse interventions and experiences of how Commonwealth countries were strategising to confront the new phenomenon of the Emerging New World Economic Order (ENWEO). Participants made suggestions of leveraging the performance of Commonwealth countries in the international trade and financial market arena. The ENWEO was premised on the realisation that there was a growing dominance in the world economic sphere by new players such as China and India. After the global crisis more successful developing countries, particularly in Latin America and Asia, buoyed by the rapid growth in their workforce and technology, gained higher levels of economic performance that led to a considerable shift in the balance in economic power. It was further pointed out that the recent expansion of the G8 to G20 had greatly helped in mitigating the inherent constraints and weaknesses that previously affected trade and development in LDCs. However, this recovery needs to be sustained to reasonably transform these countries’ economies. It was further noted that the challenges facing the developing countries of the Commonwealth, such as inequality, unemployment, poverty alleviation, diseases, illiteracy, global warming and climate change, could make it difficult to consolidate the gains made. The following suggestions were made regarding the preparedness of the Commonwealth to respond to this new alignment: (a) The Commonwealth countries need to consider assessing their degree of

preparedness. This exercise should be country-specific; (b) We should redesign our development planning strategies to ensure they give

priority to addressing the socio-economic problems; (c) Provide enabling environments and formulate and legislate social policies

which will create desirable conditions for continuous human development; (d) Plan with the reality that national economies are getting increasingly

interdependent and also affect the performance of local economies; and (e) Developing countries should emphasise boosting the people’s earning

capacities and promoting appropriate economic activities which would give entrepreneurs comparative advantage, particularly increasing government spending in supporting exporters, credit facilities to micro- and medium enterprises, enhancing safety nets to the rural poor, reviewing salaries of public service employees, strengthening financial regulatory systems for banks and improving the flow of funds from the private sector to productive sectors.

The history of free trade and established trade relationships give the countries an advantage in competing in the ENWEO. The honAdejaro Bello, MP, Osun, Nigeria, called upon economic giants of the Commonwealth such as the UK, Canada, Australia and India to assist their weaker partners by consolidating their stance emboldened by their democratic culture and occupy centre stage in the ENWEO. The Commonwealth is anchored on the need to promote democracy which galvanises growth in different spheres.

3292 TUESDAY, 7 DECEMBER 2010 It was further observed that inter-parliamentary conference resolutions should provide important reference points and a seminal take-off of its activities. The Commonwealth cannot afford to remain a marginal player. Partners should increase domestic spending, reduce imports, develop technologies, increase production and exports and reduce over-dependence on donor agencies. The private sector should be encouraged to grow with government regulations to create job opportunities, promote peace building and provide socio-economic infrastructure. The need to give more concessions to developing economies, especially in Africa and Latin America, was emphasised. Given the Commonwealth’s strong international presence it was needless to be apprehensive about another superpower colonising partner states, because the Commonwealth can ward off any kind of economic threat. 47th General Meeting of the Society of Clerks-at-the-Table Mr M Sassman attended this meeting. At 09:00 all Clerks-at-the-Table, representatives and observers attended the 47th General Meeting at the CPA Conference. At the meeting the Chairperson was elected, after which Mr Patrick G Gichohi, CBS, Clerk of the Kenya National Assembly and CPA Kenya Branch Secretary, presented the key-note address and paper entitled “Parliamentary Developments (and topical issues) in Kenya”. Thereafter a clerk, nominated by the respective region, made a short presentation on recent changes in their region since August 2009. There was also a report and feedback on the official website, www.societyofclerks.org, followed by a report on the accounts of the Society for 2008/09. At 11:00 various speakers (indicated in brackets) made presentations and tabled papers on the following topics, after which the participants divided into four groups, where each group discussed two of the presented topics: (a) The relationship between the Speaker and the Clerks at the Table (British

Columbia, Canada); (b) A recent privilege case: The power to send for papers: Afghan detainee

documents (House of Commons, Canada); (c) Parliamentary privilege: The Kenyan experience (National Assembly, Kenya); (d) Parliamentary procedure to amend the budget: The South African experience

(National Assembly, South Africa); (e) Question time: Making it efficient and effective (RajyaSabha, India); (f) Risk management as a governance issue (House of Representatives,

Australia); (g) Capacity building of parliamentarians: Importance of orientation and training

programmes (LokSabha, India); and (h) Providing common services in a bicameral parliament (New South Wales) A plenary session was held where a representative from each group reported on its discussions, followed by a general discussion and a question and answer session.

TUESDAY, 7 DECEMBER 2010 3293 A reception and dinner for Speakers and Presiding Officers and Leaders of the Delegations and their spouses was hosted at the Intercontinental Hotel by the hon Kenneth Marende, EGH, MP, Speaker of the National Assembly, Kenya, and CPA President. A reception and dinner was also hosted for clerks, secretaries, and secretaries to the delegations and their spouses at the Safari Park Hotel (Jambo Centre) by Mr Patrick Gichohi, CBS, Clerk of the National Assembly, Kenya. Saturday, 18 September 2010 At 09:00 all delegates gathered together at the General Assembly Meeting which was opened and presided over by the President of the 56th CPA Conference, the hon. Kenneth Marende, Speaker of the National Assembly, Kenya, and President of the Commonwealth Parliamentary Association. The following items were considered:

(a) Minutes of the last meeting held in Arusha,Tanzania, 2009 The Minutes were adopted.

(b) Matters arising from the Minutes There were no matters arising. (c) Reports of the Executive Committee

(i) Branches in abeyance and branches coming out of abeyance: It was reported that the Fiji Islands and the Turks and Caicos Islands

remained in abeyance. It was also reported that Bangladesh had been re-admitted to active membership of the CPA.

(ii) Branches in arrears

It was noted that nine branches were on suspension, namely seven

branches in the African Region and two in the Pacific Region, with a total of outstanding fees of ₤35,279.

(d) Application to change delegate entitlement

On the recommendation of the Executive Committee the General Assembly approved an application from the Maldives Branch to change its delegate entitlement from two delegates and a secretary to three delegates and a secretary with effect from January 2010.

(e) Membership fees for 2011

(i) It was reported that the General Assembly had agreed at its last meeting to an increase of 2,7% in the membership fees for 2010;

3294 TUESDAY, 7 DECEMBER 2010

(ii) In light of the current global economic climate the Executive Committee had at its mid-year meeting to defer the decision on whether to recommend an increase in membership fees for 2011 until their mid-year meeting in 2010.

(f) Budgets, Estimates and Projections for 2009-2011 and financial management reports

(i) CPA Secretariat Financial Management Report showing the

budgeted, actual income and expenditure, variances and balance sheet up to 31 July 2009;

(ii) CPA Working Capital Fund Income and Expenditure Accounts: 2009

(budgeted), 2010 (estimated) and 2011 (projected); (iii) CPA Working Capital Fund Financial Management Report showing the

budgeted, actual income and expenditure, variances and balance sheet up to 30 April 2010;

(iv) CPA Conference Assistance Fund Income and Expenditure Accounts:

2009 (budgeted), 2010 (estimated) and 2011 (projected); (v) CPA Conference Assistance Fund Financial Management Report

showing the budgeted, actual income and expenditure, variances and balance sheet up to 30 April 2010.

The reports were noted.

(g) Appointment of external auditors

The General Assembly approved the re-appointment of Kingston Smith LLP Auditors to conduct the audit of the three CPA funds from 2009 subject to a yearly review.

(h) Report of the 29th Conference of Members from Small Countries

The report was noted.

(i) Report of the Commonwealth Women Parliamentarians

It was reported that the honAlix Boyd Knights had been elected as the Chairperson of the CWP.

The report was noted.

(j) Recommendations from the Executive Committee to the General

Assembly

All the recommendations from the Executive Committee to the General Assembly had been covered in the Agenda.

TUESDAY, 7 DECEMBER 2010 3295

(k) Future venues of Plenary Conferences

(ii) United Kingdom: July 2011; (iii) Sri Lanka: Dates to be determined.

(l) Extension of term of the CPA Secretary-General

The General Assembly appointed Dr William Shija to the position of the Secretary-General of the Commonwealth Parliamentary Association (CPA) for a second term in office.

Plenary Session Topic: Commonwealth Initiatives in Handling Migration Issues The discussions highlighted the following issues: (a) In order to ensure that migration was managed properly, there was a need for

international co-operation and collaboration;

(b) Migrant workers were often exploited and their human rights abused because they were not aware of their rights;

(c) It was emphasised that parliamentarians should ensure that foreign workers enjoy the same rights as domestic workers and that they have access to awareness programmes;

(d) Migration was seen as beneficial by providing needed labour and exposing people to new cultures that would enrich societies. But it was also seen as a threat to the resources, cultures and values of the receiving countries;

(e) It was acknowledged that a brain drain to the developed world could hinder development in poorer countries;

(f) Helping all countries to develop was seen as a long-term solution which would reduce the need for people to migrate to improve their lives; and

(g) International and bilateral strategies, within the commonwealth countries were seen by all speakers as the most effective short-term way to manage migration, including containing the illegal movement and trafficking of people, protecting migrants from exploitation, protecting small states, examining the reasons for domestic controls on migration and harmonizing all domestic laws.

General Meeting of the Society of Clerks-at-the-Table At 15:00 all Clerks-at-the-Table, representatives and observers attended the General Meeting to conclude its business. The meeting proceeded with a briefing from CPA Headquarters and a presentation by Mr Fred Matiangi, Country Director, State University of New York, Kenya, entitled “The Partnership between Parliament and Development Partners: The Kenya Experience”.

3296 TUESDAY, 7 DECEMBER 2010 A farewell reception and dinner for delegates/observers and accompanying persons hosted by the hon David Musila, MGH, MP, Chairperson, 56th CPA National Organising Committee, at the Bomas of Kenya. Sunday, 19 September 2010 All delegates departed for their home countries. E. Conclusion The primary objective of this 56th CPA Conference was to encourage parliamentarians as well as parliamentary staff to empower their parliaments. In measuring this objective it can be concluded with confidence that those who attended the Conference have been empowered. The lessons learnt, experiences shared, friendships and acquaintances made and information on new trends and best practices established were invaluable. It must be noted that the Western Cape Provincial Parliament Branch is but a minute particle in a much broader spectrum of the entirety of the global Commonwealth parliamentary family. A new CPA logo unveiled at the Conference was well received. Overall, the Conference can be regarded as a huge success, not only from the perspective of the WCPP Branch, but in all aspects, especially noting the excellent support provided in terms of logistics, hospitality and general support by the host country, Kenya, and its citizens. Gratitude and compliments all round can be expressed. It should be noted, however, that there were a few hiccups regarding overall logistics, which is almost inevitable taking into account the extent of such a huge event. The overall perspective, however, was that the logistics were well executed and where there were incidents of circumstance it was well and effectively managed – the domestic air transport arrangements on 15 September is such an example. This 56th CPA Conference can be recorded as a resounding success and a milestone achievement, not only for Kenya, but for Africa and the Commonwealth Parliamentary Association as a whole. The focus now has shifted to the 2011 CPA Conference which will be hosted by England in London from 21 to 28 July 2011. This Conference will be marking the centennial of the founding of the original Association on 18 July 1911. FRIDAY, 11 FEBRUARY 2011 ANNOUNCEMENT The Speaker: Referral of draft bill to committees in terms of Rule 204:

Standing Committee on Governance, Standing Committee on Community Development and Standing Committee on Finance, Economic Development and 2010 World Cup:

Draft State Liability Amendment Bill, 2011 (proposed section 75 Bill).

TUESDAY, 7 DECEMBER 2010 3297 TABLINGS The Speaker: 1. Minister of Finance, Economic Development and Tourism:

Local Government: Municipal Finance Management Act, 2003, Quarterly Consolidated Statement: Quarter 2 ending 31 December 2010 Local Government Capital and Operating Budgets (Provincial Gazette Extraordinary 6841, dated 31 January 2011).

2. Report received from municipality and tabled in accordancce of section 132(1)

of the Local Government: Municipal Finance Management Act (Act 56 of 2003).

West Coast District Municipality (a) Annual Report 2009/2010. (b) Minutes of the Oversight Committtee and Oversight Report - Annual

Report for the 2009/2010 financial year. THURSDAY, 17 FEBRUARY 2011 TABLING The Speaker: Auditor-General Report: Report on the provincial audit outcomes of Western Cape 2009-10 [PR 4/2011]

INTERPELLATIONS,

QUESTIONS AND REPLIES

TUESDAY, 23 NOVEMBER 2010 2063

INTERPELLATIONS

U2 Buildings at Tygerberg *1. Ms A J du Toit Marais to ask Mr T L Botha, Minister of Health:

What is the position with regard to the U2 building on the grounds of the TygerbergHospital?

†The MINISTER OF HEALTH: Mr Speaker,that was a bit quick, but anyhow, the answer is as follows:The U2building is a building that has had many and varied uses over the past years. In the history of the Tygerberg Hospital the building had served several functions and was initially used by general assistants to change into their work uniforms and for meals. Thereafter, it was used as a payout point for staff salaries;then as an overnight lodging facility for oncology patients and families of patients from rural areas;and after that as a storagefacility. Subsequently, it was converted into a day clinic, a polyclinic, for patients especially from the Ravensmead community. In the middle of 2006, the building’s application changed drastically after the occurrence of a major fire at the Joe Slovo informal settlement. The then ANC government, under former Premier EbrahimRasool and the then Minister for Local Government and Housing, Marius Fransman, made anerror of judgment and identified the U2 building to be suitable for accommodating the victims of the fire, who had been displaced in terms of their accommodation. This proved to be a major error of judgment, which not only resulted in the wrong application of a hospital premises, but also put the safety of hospital staff and patients at risk at the time. *Ms A J DU TOIT MARAIS:Mr Deputy Speaker, during a visit from the standing committee in 2009we found the building to be neglected, dirty and a security risk.At that stage, vagrants were even spending the night there.During the inauguration on 14 October 2010 it was rightly mentioned that the ceremony was the symbolisation of an opportunity that had arisen out of a disaster. Forensic pathology and emergency medical services are critical, essential services being delivered – most often 24/7.Forensic pathology is a cold, clinical world, which is even more reason why it requires a working environment of superior quality. The 160 staff members of the Metro Emergency Medical Services had been providing their service temporarily from the Delft Community Health Centre.This relocation to a permanent environment could improve staff morale. The building is also being used for the ARV clinic, bringing relief to the patient traffic in the Delft Community Health Centre – and with this I mean the building that has been vacated and the people who have been moved to the U2 building. †The MINISTER OF HEALTH: Mr Speaker, when the former Premier Rasooland Minister Fransman directed an urgent upgrade of the U2 building to make it suitable for accommodation for those families, a rapid and major renovation of the U2 was undertaken in 2006, at a huge cost of about R6 million.

2064 TUESDAY, 23 NOVEMBER 2010 The building was upgraded and, by way of fencing and separate access roads, was separated from the main Tygerberg Hospital campus. In January 2007, responsibility for the building was transferred from the Department of Health to Local Government and Housing. In this manner the Department of Health could not even control access to its own premises and Fransman made no effort to manage this situation at the time. During the time of this occupancy there were numerous intolerable problems, of which I will name only a few:the operation of illegal activities and businesses on the premises, including shebeens and suspected drug-trafficking; the consumption of alcohol on the premises; children were unsupervised and at times were found in various place onthe Tygerberg Hospital premises, very often in high-risk areas;there were ongoing concerns about who exactly was staying in the building;there was no access control and many of the inhabitants were not victims of the initial fire that broke out in Joe Slovo. There was political discomfort that the accommodation in U2 had been preferentially provided to people who were not from the surrounding areas. Protest action followed by members of the Ravensmead community, who demanded access to the accommodation in U2,and at times the police had to be called out to the campus and the U2 building in order to deal with such problems. During this time a large portion of the ANC government’s time was spent on finding solutions to the growing problems. There was much correspondence between the management of the hospital, the Department of Health and various Ministries who were involved at various times in being responsible for the building and its occupants. Subsequently, the responsibility for maintenance of the building was transferred from the Ministry of Housing to Local Government, and the City of Cape Town then took over the administration and maintenance of the building at that stage. *Ms J WITBOOI:Mr Deputy Speaker, it is indeed true that the standing committee was shocked on the day of their visit to the U2 building. However, the standing committee’s biggest concern – and we expressed this very clearly – was the safety risk that the building posed for the entire hospital complex. The building had been subjected to large-scale vandalism and the unregulated access of so many people had indeed made it a breeding ground for all kinds of irregularities to take place there. The Minister wants to stand here today and single out the previous government under the former Premier and the former Minister to now afford this issue – which has been rectified most wonderfully by the department – a very wide and long political angle. However, I want to say to the Minister that this was one of his tasks hen he took over and the standing committee actually pointed him in this direction, and the standing committee was not playing a political game with this issue. The standing committee told him that security at Tygerberg Hospital is very important to the committee and that he and his department should look into it.I want to thank the Minister for listening to the standing committee, but he must not play political games here today.

TUESDAY, 23 NOVEMBER 2010 2065 The standing committee ordered him to do the work, just as the standing committee will do in the future and will call him to order and keep him in line just to perform his task. *Ms A J DU TOIT MARAIS:From visits to clinics and calls received – not just complaints, but also to say thank you – one can see that this initiative is a positive outcome of political leadership.The right choice was made for the benefit of the staff, patients and the community.This initiative is an example of physical evidence that the well-being of health service staff, as well as service delivery to customers,isa priority. †The MINISTER OF HEALTH: Mr Deputy Speaker, at the time when we took over the government in April 2009, not at the time when the standing committee or honWitbooi mentioned it,but when we took control in April 2009, I made it my responsibility to resolve the untenable situation there. [Interjections.] The DEPUTY SPEAKER: Order! The MINISTER:Together with my colleagues we took active steps to reduce the number of residents in that building until eventually the building was vacated by the end of September and everyone was out of the building. At that stage we renovated the building at a cost of R13 million to the department. Building work commenced in January 2010, and suitable accommodation was created for the head office of the Western Cape Forensic Pathology Services and the Metro Emergency Medical Services for the Northern District. The newly converted building now covers almost 3000 m2 has offices, conference rooms, two kitchens and filing rooms.There is a storage facility and an area that is used as an ambulance station. †The DEPUTY SPEAKER: Order! Hon Tingwe, willyou take your seat, please. *The MINISTER: Mr Deputy Speaker, I am very proud of the fact that the DA was able, within mere months, to sort out the mess that the ANC had left us with at U2 in Tygerberg ... [Interjections.] ... to the extent that the headquarters of our pathology centre is located there today.It is a beautiful facility, and I invite the standing committee to come and see what it looks like. It's amazing how,within a period of 10 months,we have been able to convert a place of drug addiction, where alcohol abuse, prostitution and who knows what else was taking place, into the gem that it is today.I thank every official and I thank the ANC for giving us the opportunity to show what we are capable of.[Interjections.]

Steps to ensure centralisation does not disrupt performance †2. Mr M Ozinsky to ask Ms H Zille, Premier: What steps have been taken to ensure that the processes of the centralisation

of the human resource and internal audit functions in her department do not disrupt the performance of these functions in the individual departments?

2066 TUESDAY, 23 NOVEMBER 2010 †The DEPUTY SPEAKER: Please note that by arrangement Interpellation 2, addressed to the Premier, will stand over until the next sitting day of the House. †Mr M OZINSKY: What arrangements? †The DEPUTY SPEAKER: Please note that Question 11, at the requestof Minister De Lille,will also stand over until the next sitting. *The CHIEF WHIP (DA):Mr Deputy Speaker, I have been informed that the Premier contacted Mr Ozinsky telephonically but he did not answer his phone and she left a message. She sent an e-mail to the secretaries, the Chief Whip and the member concerned.So there was a response from the Premier.I gather that there was no feedback, which means one can assume that it is in order. †Mr M OZINSKY: Mr Deputy Speaker, just to put the record straight, I was told by the Premier’s Office that the Premier would not be here. There was no arrangement; I was not asked if I agreed or disagreed. I was told that the Premier would not answer my question. [Interjections.] I wonder if you would protect me from these hon members, who happen to be on your side of the House. There was no arrangement;it was an instruction and that is what happens in the House. The Premier instructs the House what to do. Thank you. [Interjections.] †The DEPUTY SPEAKER: Order! Hon members, we are not going to discuss it now. If there are any problems with arrangements, I think the Chief Whips must meet and sort it out. We proceed to Interpellation 3? Interpellation 2 stands over.

Impact of alien vegetation on biodivesity †3. Mr M C Walters to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

What is his department’s position with regard to the need for increased attention to the danger to biodiversity posed by the intensifying spread of alien invasive plants other thanacacias and hakeas?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, I thank the hon Walters for the interpellation about my department’s position with regard to the need to pay more attention to the threat the increasing spread of invasive plants, acacias and hakeas alike, pose for biodiversity. All invasive plants are treated alike by being hacked, as well as through biological control, in other words by the introduction of natural enemies such as the sugarcane beetle etc. The operating funds recently given to CapeNature by the Provincial Treasury has given a boost to the organisation’s approach and ability with regard to integrated catchment management with an eco-essential approach.

TUESDAY, 23 NOVEMBER 2010 2067 This approach – integrated catchment area management – highlights just once again that factors such as invasive plants, excessive burning, pollution etc. that impact on ecosystems are of such a large scale and function on such a large scale that they are in no way subjectto human rules and laws. Cooperation with landowners, environmental groups and developers are of primary importance in order to direct the necessary attention to the threat of invasive plants. The latest additions to this approach are the joint management plans and the implementation of the “Water Neutral” project. This project involves optimisation of water, for example by urging people to save water through means of for example drip irrigation and eradicating invaders, which use much more water than the indigenous vegetation. †Mr MC WALTERS: Mr Deputy Speaker, fynbos and biodiversity are 2010’s buzz words, the basis of ecological-centred tourism and many other things. Many departments pay lip service in their reports to the importance thereof. Invasive alien species come from countries with similar climates, but with the diseases and predators which keep them in balance there. We must remember that, like the Port Jackson, they all start as a small initial infestation and expand to every sitethat favours them. In the process theysupplant and destroya multitude of organisms, which make up the web of life in the Western Cape. Indigenous plants have their full quota of enemies and cannot compete. We see the huge areas of millions of hectares of Port Jackson and others and realise it’s a problem. We do not recognise the incipient problems, the new invaders. These new invaders, such as Spanish broom, pampas grass and kangaroo paw are still restricted, but will in turn expand to occupy millions of hectares. Swift action now can restrict, if not eradicate, them before they add to the R6,5 billion loss we already suffer in spite of control efforts, which do reduce the R41,7 billion loss there would have been without such control efforts. Action at all levels of government against invasive aliens in the Western Cape is essential if our Cape ecology is still going to be recognisable in 2050. While the vast expanses ofwell-known alien stands are utilised for job creation by Working for Water and other projects that contain the spread thereof, they are not sustainable in the long term. In every municipality alien species grow on sidewalks and private erven, but are not controlled. Provincial government allows these new threats to grow along provincial and national roads where they could be destroyed while still present in low numbers, by educating… †The DEPUTY SPEAKER: Order! Please finish your sentence honmember. †Mr M C WALTERS:When you drive home today look at the roadside plants, few of which can claim the Western Cape as home. The yellow flowers of Spanish broom …[Time expired.] *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, it is CapeNature’s intention with this project to work with its partners and big business to target key areas that have the potential to assist in job creation and skills development through means of clearing invasive plants.

2068 TUESDAY, 23 NOVEMBER 2010 The goal is that large businesses participating in this project would fund such projects, while CapeNature would handle the management and implementation of the clearing or cleaning projects. The new planning approach will be followed in order to ensure effective implementation on the ground.The process will ensure that all areas where invasive plants are a threat will be carefully mapped.This will then ensure that the key elements of the landscape, such as mountains, lowlands, rivers, wetlands and marine elements, will be taken into consideration. With these priorities clearly spelled out, it will enable the partners to engage and participate in the project as and when necessary. Corporate decisions make it possible for the environment-related government agencies to participate in the overall planning.At this point, the lack of funding still complicates effective marketing of this initiative. However, good progress is being made to get landowners more involved in communal affairs. In this case, landowners are invited to become part of the water associations, as well as, among other things, to establish conservation areas. †Mr M OZINSKY: Mr Deputy Speaker, I want to thank hon Walters for putting this issue on the agenda and I want to agree with him that by and large the government only pays lip service to this matter. If it were not for the money from national government and the national programmes and the actions of the South African National Parks Board, there would be very little being done about alien vegetation and other alien species in the province. [Interjections.] In fact,CapeNature itself admits that it is totally dependent on national money for the programmes that it runs to eradicate aliens and the DA government gives no other money to deal with these issues.[Interjections.] Even as the standing committee saw when it visited …[Interjections.]Mr Speaker, I don’t know if I get protection in this House, or do you only protect DA members? †The DEPUTY SPEAKER: No,I’m protecting everyone. Order, hon members! [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: What money does the ANC give? †Mr M OZINSKY: Hon Carlisle asks what money the ANC gives. The ANC gives hundreds of millions of rand from the national government to the province. †The PREMIER: Taxpayers’ money. [Interjections.] †Mr M OZINSKY: Whereas the DA government stands up for … [Interjections.] †The DEPUTY SPEAKER: Order, hon members! Order, honWitbooi! Please, we have guests today who want to hear what we are discussing in theLegislature and I can’t even hear what honOzinsky is saying. Can we please allow honOzinskythe time to express himself?

TUESDAY, 23 NOVEMBER 2010 2069 †Mr M G E WILEY: Will the hon member take a question? †Mr M OZINSKY: Mr Speaker, if you give me time at the end of my speech I will take his question in his time. I want to repeat again: When the DA claims that its government does anything, a few cents here and there, it claims the DA did it. I am talking about hundreds of millions of rand that comes from the national ANC government and now they want to say that it is taxpayers’ money. [Interjections.] When Hon Botha stands up here and talks about evicting people fromTygerberg Hospital,he wants to claim that it is the DA that did it. He didn’t say it was taxpayers’ money. [Interjections.]

†The MINISTER OF HEALTH: You messed up. †Mr M OZINSKY: Let me come back to the aliens. What we are seeing in this province is that on government land the land is clean, but the DA government is too scared to even go to the farmers next to that government land to tell them to clearout the aliens that are on their land and are coming onto provincial government land. We went to a farm in the Langkloof where we saw that… [Interjections.]… [Inaudible.] Even your road reserves, hon MEC for Transport and Public Works, are full of black wattles, but your department does nothing, because as a DA Minister, you have no concern about the aliens and their effect. The effect of aliens is not simply about water. It also has to do with the ability to grow other crops, which are taken over by aliens, but hon Carlisle’s department has done nothing to eradicate aliens on government land under his department. [Time expired.] An HON MEMBER: Hindsight. †Mr MC WALTERS: Mr Deputy Speaker, the problem of alien species is a national one, right across the whole country. The big problem is that we are not focusing on the essentials. We wait until these things cover millions of hectares while they can be eradicated as soon as they get into the country. An HON MEMBER: Yes. †Mr M OZINSKY: Tell your Minister. †Mr M C WALTERS: We wait until they get in and what we need is greater investment at all levels ... [Interjections.] ... and biological controls so that we can get the natural enemies of these plants from the countries they come from, and we need legislation. At the moment there is only national legislation from the Department of Agriculture. We need legislation at provincial level and municipal level allowing us to act against these plants wherever they are. [Interjections.]At the moment they can’t act. The MINISTER OF TRANSPORT AND PUBLIC WORKS: [Inaudible.]

2070 TUESDAY, 23 NOVEMBER 2010 An HON MEMBER: That’s you.[Interjections.] †Mr P C MCKENZIE: On a point of order, Mr Deputy Speaker: Is it right for that hon member to swear at thishon member?[Interjections.] †The DEPUTY SPEAKER: Do what? †Mr M C WALTERS: I welcome it! [Laughter.] †TheMINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, I momentarily forgotmyself. I apologise and I withdraw. Interjections.] †Mr P C MCKENZIE: You must hear what he said about you. †The DEPUTY SPEAKER: Hon Mckenzie, order, please! †Mr MC WALTERS: Mr Deputy Speaker, I reiterate the invitation. If you drive along De Waal Drive to the Southern Peninsula, you’ll see Pennisetum grass from South America. Down below Ickeys you’ll see densely growingyellow Spanish broom and you’ll see pampas grass from here to Stanford and the Overstrand.There’s a huge problem waiting, which will cost us billionsof rand in futureand we must act. [Interjections.] †The DEPUTY SPEAKER: Order! Hon Prins, you are aware that interjections are not allowed in the House,but you carry on doing so. *Mr M C WALTERS:Send her out.[Interjections.] †The DEPUTY SPEAKER: Hon McKenzie, on a serious note, I can’t hear the hon Walters. [Interjections.]Members,order, please! †Mr MC WALTERS: Deputy Speaker, I have just accentuated the nature of this problem;these new invaders can be stopped now. Only one invasive alien has ever been eradicated in South Africa and that the Department of Agriculture from Elsenburgdid;as soon as it was identified, they eradicated it. We need to act quickly otherwise we will not have anyfynbos in 50 years’ time. *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, it is very rare that invasive plants turn into a political debate, but since this has now happened, let’s take a look at the facts.Firstly, all the money in this country is tax payers’ money.[Interjections.]It does not belong to any political party, … *Ms J WITBOOI:Don’t joke. *The DEPUTY SPEAKER:Order, honWitbooi! *The MINISTER: ...just as we represent all people in the Western Cape and not political parties. The challenges we face in this province are huge, just like the challenges in this country. The first priorities are hospitals, schools and safety, with the rest following after that.

TUESDAY, 23 NOVEMBER 2010 2071 Some of our portfolios would have to be satisfied with cuts in our budget in the short term, so that we can leave a better future for our children. Mr Deputy Speaker, what is upsetting, however, when we go into the politics, is that the national ANC government has just decided to cut the compassionate subsidy for this province by R900 million.[Interjections.]Just listen for a moment.Maybe you can help us by writing a letter to get the R900 million so that we can help the poor people. [Interjections.] †The DEPUTY SPEAKER: Order,honPrins!Order!Hon Prins, I just want to warn you. Hon Prins, can you stand up?I’m talking to you. If you carry on interjecting, then I will really ... †Ms EPRINS: Is it only me, Mr Deputy Speaker? †The DEPUTY SPEAKER: Hon Prins, I’m addressing you because you are the one. †Ms E PRINS: It’s not only me. †The DEPUTY SPEAKER: That’s the last chance that I’m giving you. If you carry on I will definitely ask you to leave the House. *The MINISTER: Mr Speaker, the truth tends to be painful.This compassionate subsidy is where they take money from poor people and pay it towards salaries.This is how the ANC works with poor people. [Interjections.]I did not bring politics into this, Mr Deputy Speaker. †Mr M OZINSKY: Deputy Speaker, on a point of order: The hon member has now admitted that he is not speaking on the topic. †The DEPUTY SPEAKER: Is it on a point of order? †Mr M OZINSKY: Yes. The topic is about alien vegetation and he is talking about other grants from the national government. An HON MEMBER: You too. Mr M OZINSKY: I did. *The MINISTER:If there is a cut in the budget we have to sacrifice something, and in this case we are sacrificing invasive plants etc. so that we can ensure that hospitals, schools and safety get first priority – and I'm not ashamed to admit it and say it.It therefore has everything to do with this debate.I did not allow this debate to degenerate into a political one, honOzinsky.[Interjections.] CapeNature is also closely involved with the initiatives to get more players involved in the establishment of fire protection agencies as required by law.This is the only way in which we can make sure that our stewardship programmes etc remain on track and headed in the right direction.So we are busy investigating other initiatives so that we do not neglect to remove the invasive plants. *Mr P C MCKENZIE:Not contributed anything. *The MINISTER:Contributed everything.

2072 TUESDAY, 23 NOVEMBER 2010 QUESTIONS

Question standing over from Tuesday, 16 November 2010, as agreedto by the House:

Issues and financial implications with regard to Brand Talk investigation

†2. Mr M Ozinsky to ask Mr A R Winde, Minister of Finance, Economic

Developmentand Tourism:

(1) (a) What were the issues raised by the Public Service Commission with regard to Brand Talk as mentioned in the Provincial Treasury investigation into the use of certain consultants in the Department of Transport and Public Works and (b) what actions were taken on these issues;

(2) whether there were any financial implications for his department; if not,

why not; if so, what are the relevant details? †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: MrDeputy Speaker, a number of us, me included, have to wear glasses these days and perhaps more of us need to look at helping our eyesight a little. [Interjections.] The answer is as follows: 2. (1) (a) The Cabinet submission initiated by Provincial Treasury states that

various otherinstitutions, notably the Auditor-General and the Public Service Commission,haveeitherraised questions or are conducting inquiries and/or investigations into some of the service providers that have been subjected to this assessment by Treasury.

Further to this, the Forensic Investigations Unit of the Department of

the Premier is presently conducting an investigation into alleged nepotism in the appointment of Brand Talk and Provincial Treasury is aware of a complaint lodged with the forensic unit.

The office of the Auditor-General has as part of a national initiative and

process also commenced with a performance audit on consultants in the Department of Transport and Public Works. The management report on the outcome of these performance audits has since been submitted to the department of Transport and Public Works.

The Public Service Commission has raised some questions regarding

the content and scope of our investigation, particularly into Brand Talk, as well as enquiries as to whether the Treasury investigation will be made available to them.

(b) No action was taken, and is therefore not applicable. The provincial

report to Cabinet was not shared with the Public Service Commission. (2) There were no financialimplications for the Provincial Treasury. †Mr M OZINSKY: Why was the report not shared with the Public Service Commission?

TUESDAY, 23 NOVEMBER 2010 2073 †The MINISTER: The report I drew, which comes from April last year, was marked as secret and that, as far as Icould I ascertain,is why it was not shared with the Public Service Commission. †Mr M OZINSKY: Is that sufficient reason, given that hon MEC Carlisle released the same secret report without declassifying it? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: He’s different. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: I am not sure, I just assumed. You just asked the question:Why did I think?That’s what I thought. †Mr M OZINSKY: I asked you why. I did not ask you what you think. †TheMINISTER: Of course you asked what I think. †Mr M OZINSKY: No, I asked why. †The MINISTER: That’s all I can assume. I am not sure. I will have to find out why it was not provided, if it was not provided. †Mr M OZINSKY: Mr Deputy Speaker, can I ask my first question again, because I never asked,“Why do you think?” I asked the hon MEC why the report was not made available to the Public Service Commission. I don’t want him to think, I want him to give the reason, because in his answer he said it was not made available. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I never released it. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: I am just trying to get this straight. Are you talking about the report on the investigation by Treasury? †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I never released it. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: That report has never been released. †Mr M OZINSKY: I’ve got it. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: You’re confusing it with the Auditor-General’s report. †Mr M OZINSKY: I am going to ask the question again. The secret report was given to Scopa by hon Carlisle without it being declassified. I received it when he gave the other documents. There is no other thing. The question is:Why, when the Public Service Commission requested a report from the government, did the government not give the report to the Public Service Commission? †TheMINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Firstly, I am led to believe that there are six lever arch files in that report. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: I never released it.

2074 TUESDAY, 23 NOVEMBER 2010 †Mr M OZINSKY: I’ve got it. It’s not secret, you gave it to Scopa. †The MINISTEROF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: It has not been released. Other than that, that is the answer that I have here. I cannot give any other answer. I will have to come back and give you an answer at some other stage. †The DEPUTY SPEAKER: I accept that. Is there a follow-up? †Mr PC MCKENZIE: As the Minister in the Cabinet, when a report is marked secret, when can you let that report become public;after the decision has been made by Cabinet or when? †The MINISTER: Firstly, this one that we are talking about was actually in the previous Cabinet and not in this Cabinet. †Mr PC MCKENZIE: Just answer the question, man. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: He answers his way, not your way. †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: If you want a report released you can request it and it will have to dealt with in that process. †Mr M OZINSKY: We have it. Carlisle gave it to us. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Six files. [Interjections.] †The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Why are you asking the question? New questions:

Allocation for local government infrastructure †1. Mr E J von Brandis to ask Mr A R Winde, Minister of Finance, Economic

Development and Tourism:

(1) What portion of the R 1,7 billion allocated for local government infrastructure, as announced by Finance Minister PravinGordhan on 27 October 2010, is being allocated to Western Cape municipalities;

(2) whether a greater portion of the R 1,7 billion was allocated to those

provinces who have proved their ability to assist municipalities to spend the Municipal Infrastructure Grant (MIG); if not, how has the money been divided between the nine provinces; if so, what are the implications for the Western Cape?

†The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: Mr Deputy Speaker, the answer is as follow:

TUESDAY, 23 NOVEMBER 2010 2075 1. (1) The Medium-Term Budget Policy Statement, which was tabled by the

Finance Minister PravinGordhan on 27 October 2010, dealt with the vertical division of nationallyraised revenue, meaning the division of revenue between national, provincialand local government. The details of the horizontal division, meaning the division of revenue amongst the different provinces and municipalities, including the division of an additional R1,7 billion for municipal infrastructure, will only be released on the National Budget day, which is 23 February 2011. The National Budget and the Division of Revenue Bill will outline the details of allocations to the different municipalities.

(2) It is envisaged that the additional R1,7 billion will be allocated across the

different national conditional grants for municipalities, of which the Municipal Infrastructure Grant is one such grant. Again, the details of the breakdown of the additional R1,7 billion over the 2011-MTEF period for specific Local Government Conditional Grants will only be released when the National Budget is tabled in Parliament. It is therefore not possible at this stage to indicatethe implicationsof the additional R1,7billion for the municipal infrastructure and, specifically, the Municipal Infrastructure Grant for the Western Cape province.

†Mr P C MCKENZIE: Now why is he complaining?

Discussions to improve rail services †2. Mr E J von Brandis to ask Mr R V Carlisle, Minister of Transport and

Public Works:

What is the status of the ongoing discussions with role players to improve railservices?

†The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, thank you tohon von Brandis who raisesan extremely important matter, which has significant impact on both safety and on equity in the province. The reply is as follows: 2. The status of the ongoing discussions with the role players, which are

Prasaand Metrorail and to a lesser extent Intersite and Transnet, are as follows: The department continues its interactions with Prasa as well as Metrorail in terms of specific interventions and I can respond as follows:

Extended hours on the Southern Suburbs railway line In order to visibly show a change in the modal share and increase the attractiveness of rail, a pilot project is being developed with the City of Cape Town and Metrorail to increase the operating hours of the service on the Southern Suburbs line, hopefully from 17 January 2011. Briefly, the intention is to ensure that trains operate until 22:00 between Cape Town and FishHoek and then it will be Simons Town once the line is open.

This will require increased security measures at specific stations. A business plan has been drafted which includes the financial considerations of the increasing security services until the last train passes.

2076 TUESDAY, 23 NOVEMBER 2010

The level crossing indaba We are all aware of the tragic incidents that have occurred recently. During Transport Month in October, a level crossing indaba convened by the Ministry of Transport and Public Works led to the establishment of a task team. The task team is comprised of Transport and Public Works, Community Safety, Prasa, Transnet and the City of Cape Town, and is supported by a wider advisory group. Following the indaba, Task Team 1 was convened on 9 November 2010, and has established the planning framework for intervention in the province's most dangerous level crossings, of which there are six. The Cape Town International Airport Rail Link Let me just say to the hon member that as a stakeholder in Prasa’s project we have recommended against an international airport rail link in Cape Town. Current agreement by Metrorail to increase the number of operational train sets in the Western Cape The hon member is aware, Mr Deputy Speaker, that I have said over-crowding on our trains at peak hours is of such a nature that it not only infringes on the human rights of the passengers, but it constitutes a very serious security and safety risk. Currently there are 91 sets, of which 83 are operational. We have agreed with Metrorail that the Worcester and Malmesbury train sets will be converted to Prasa coaches and those train sets will be brought in to the general pool. We’ve got them to agree to do maintenance at night and weekends to release up to eight extra train sets. We are trying to organise train set transfers from other regions and together with Prasa we are looking at the possibility of leasing train sets from countries with similar railway gauges, notably Northern Australia and China. The result, if action is taken, will be that the Khayelitsha/Mitchells Plain line will move to 33 operational sets, Southern to 22 and Northern to 30 sets. Concerns over the current state of Prasa were discussed with them, again as recently as the day before yesterday. Let me give you the following information: According to the Railway Safety Regulator, 37% of the Prasa fleet is over 37 years old; one third of the Spoornet/Prasa fleet is constantly out of service – one third; the signalling system throughout the country is at the end of its economic life; 5 307 operator occurrences during the year, at a rate of 14 per day, of which 1 202 were collisions and 1 154 were derailments, at a cost of R635 million. The Prasa Annual Report 2009-10 notes that there is a funding shortfall on ShoSholozaMeyl alone of R558 million. Funding requirements were R1,4 billion, but only R450 million was received. I quote from the report: Prasa inherited from Transnet a business that was poorly managed,

neglected and whose financial management systems and internal controls were nonexistent and certainly did not meet acceptable record-keeping principles. Prasa inherited a business that was run-down, resulting in poor performance and ridiculously poor levels of reliability.

TUESDAY, 23 NOVEMBER 2010 2077

Train punctuality was below 35%. The situation with Prasa is that the Auditor-General has questioned whether it is a going concern. Its losses last year were R1,269 billion; its liabilities exceed its assets by R2,722 billion.

There are also problems that I’m not going to go into, Mr Deputy Speaker, with regard to the Western Cape Metrorail area itself, but let me say that energy will exceed budget by R55 million, that personnel costs will exceed budget by R88 million, and so I can go on. Let me come to what is really a very serious matter. A comparison of train sets available on A lines, which are the major lines, shows that the Western Cape is grossly discriminated against by other regions, to a degree, or by Metrorail, really, that cannot be tolerated. The fact is that the Western Cape receives 10,4% of the annual subsidy, yet carries 28,7% of the daily passenger trips and covers 56% of the daily passenger kilometres. The Western Cape receives only R68 million for security out of a national budget of R1 000 million, that is 7%.

*Mr E H ELOFF:Can you believe it! An HON MEMBER: That’s the answer. †The MINISTER: Mr Deputy Speaker, let me finally say that:

If one is to compare the train sets held in the other regions and their passengers compared to our own, then the daily passenger kilometres per train in Tshwane is 88 000 km, in Wits it’s 39 000 km and in the Western Cape it is 140000. Let me also say that the daily train kilometres in this area are 13 060 compared with 2 935 in Tshwane. In other words, sir, we are grossly discriminated against and in due course we will pay in blood for that.

[Interjections.]And why didn’t you guys find this out? [Interjections.] †Mr M G E WILEY: Mr Deputy Speaker, I wonder if the Minister could give us some information relating to the shortage of or the improvement in train driver quality, please, especially in the metro. †The MINISTER: Yes, locally, a great deal goes into the training of drivers. I have attended driver training courses myself. There are sufficient drivers at the moment to operate the trains. However, as we begin to extend the schedule– because we don’t actually have a commuter system as a commuter system is not one which closes at 19:00– we will come under great pressure as far as drivers are concerned. †Mr M G E WILEY: Can the Minister confirm that one of the blockages in generating additional drivers is coming from the trade unions? †The MINISTER: I can’t say that I can answer that, but let me say that the real blockage is the absence of trains. We need more trains and then, perhaps, the blockages that are referred to will become more apparent.

2078 TUESDAY, 23 NOVEMBER 2010 †Mr M OZINSKY: Hon MEC, can you tell us why you didn’t prioritise the railway lines to Mitchells Plain and Khayelitsha for opening at night? †The MINISTER: Yes, I can tell you why we did that. We had a long discussion with Metrorail on why we could not quite prioritise all three lines. We had a long discussion on this as to which one would have the greatest effect in terms of driving up the numbers of passengers and improving the revenue of Metrorail. The first thing is the call for later trains on the Khayelitsha Metrorail line is proportionately much smaller than that on the Northern Line and the Southern Line. So, the real question is why did we choose the Northern, rather than the Southern? The answer to that is that the state of the park-and-rides along the Southern Line is very much better than those along the Northern Line. The key to getting people out of their cars and onto trains is for them to know that when they get back to their cars at 21:00 at night, or whatever time it is, that they will still be protected. So it’s a case of choosing the best of three, but I want to say to the hon member that it’s a laboratory situation. The intention, obviously, is if we can persuade Metrorail that they will increase their revenue then obviously we will want to see that the rail service – and I’ve always said this, even in opposition days – operates 18 hours a day on all key lines. †Mr M OZINSKY: I’d then like to ask the hon MEC if it is not true now that the DA has demonstrated that its priorities are only white areas, being the Southern Line and the IRT, which goes to Table View ... [Interjections.] ... and that the DA has no intention of upgrading public transport for those in other areas. [Interjections.] †The MINISTER: I am the only Minister that I’m aware of, and I’ve known several Ministers, who regularly takes the train from Kuyasa – I can tell the hon member where that is if he’s not sure ... [Interjections] ... – or from Mitchells Plain to see what conditions are like. †Mr M OZINSKY: Do you know where the station is? Do you know anything else about Kuyasa? †The MINISTER: I have spoken very, very loudly about the conditions on particularly the Khayelitsha line. I have made this known in the NCOP, in the transport committee or whatever it’s called, the portfolio committee... [Interjections] ...at Parliament and here, in this House, sir. I have presented plans to the hon Minister to improve it. Not once was this ever done in nine years under the ANC. Not once was this ever done.[Interjections]. †Mr M OZINSKY: The line was built under the ANC. There was no railway line before the ANC. †The DEPUTY SPEAKER: Order! Order, members! Order,honOzinsky! You posed a question to the Minister and we want to hear the answer from the Minister. †Mr M OZINSKY: Yes, but... †The DEPUTY SPEAKER: No. [Interjections.] Hon Ozinsky, order!

TUESDAY, 23 NOVEMBER 2010 2079 †Mr M OZINSKY: Mr Deputy Speaker, there was no railway line there before the ANC built the railway line. †The DEPUTY SPEAKER: Order! Order, honOzinsky! I will not allow you to make a debate of this. †The MINISTER: Mr Deputy Speaker, I am going to leave in abeyance the hon member’s suggestion that there was no railway line in Khayelitsha nine years ago. †Mr M OZINSKY: No I never said that. To Kuyasa, to Kuyasa. †The MINISTER: No, no, he didn’t say that, Mr Deputy Speaker. †Mr M OZINSKY: Kuyasa. †The MINISTER: He did not say that, sir. You see. †Ms N P MAGWAZA: What did he say? †The MINISTER: What he said is that there was no ... [Interjections.] †Mr M OZINSKY: Kuyasa. †The MINISTER: No. †The DEPUTY SPEAKER: Order! Hon Ozinksy, that’s the second time that I’m warning you.[Interjections.] Order! †The MINISTER: Deputy Speaker, the hon member knows that he has made a silly mistake. He said that there was no railway line in Khayelitsha. [Interjections.] He didn’t say Kuyasa and I will get his Hansard and prove it. He doesn’t even know what’s going on. †The DEPUTY SPEAKER: Order! Hon Minister Carlisle, please take your seat. †Mr M OZINSKY: Mr Deputy Speaker, on a point of order: I never mentioned Khayelitsha. †The MINISTER: You did. †Mr M OZINSKY: I said there was no railway line there until the ANC built it. That’s all I said. I never mentioned Khayelitsha and he knows there was no railway line in Kuyasa until the ANC built it two years ago. †The DEPUTY SPEAKER: Order! May we proceed, hon members? [Interjections.] Order! †The MINISTER: If I may conclude answering the question, Mr Deputy Speaker. I only mentioned Kuyasa, but quite clearly, I said that the loading on the Khayelitsha line was an infringement of the human rights of the people who use it. The fact that the overcrowding on the Khayelitsha line, which has been there for nine years at least, has been allowed to continue while trains stand idle in Gauteng, ...

2080 TUESDAY, 23 NOVEMBER 2010 An HON MEMBER:It’s a crying shame! The MINISTER: ... is a reflection, not of the racism of this side of the House, but of the racism and the hatred ofthe poor on that side of the House. [Interjections.] An HON MEMBER: What do you know about the poor? †The DEPUTY SPEAKER: Order, hon McKenzie! [Interjections.] †The MINISTER: There is nothing funny about the Khayelitsha line. †The DEPUTY SPEAKER: Order, Minister! That’s the last chance, honOzinsky. †Mr M OZINSKY: Could the hon MEC tell us when the railway line was extended to Kuyasa? [Interjections.] †The MINISTER: They finished it at 16:00 on 14 May 2007. [Interjections.] †Mr M SKWATSHA: No. [Laughter.] †The DEPUTY SPEAKER: Order! May we proceed to the third question? †Mr M OZINSKY: Mr Deputy Speaker, on a point of order:The MEC knows that that response is not true. [Interjections.] †The MINISTER OF HEALTH: Yes, but you don’t know it. †Mr M OZINSKY: He’s knowingly misleading the House. He knows the response is not true. †The LEADER OF THE OPPOSITION: Arrogant.Arrogant. †The DEPUTY SPEAKER: Order! [Interjections.] Hon Minister, they say you are misleading the House; is it so? †The MINISTEROF TRANSPORT AND PUBLIC WORKS: If the hon member can tell me a different time when the railway line was finished, I will withdraw that. [Interjections.] †The DEPUTY SPEAKER: Order, members! Order! We now proceed to Question 3. I recognise the hon Minister Bredell. †Mr M SKWATSHA: Mr Deputy Speaker, … †The DEPUTY SPEAKER: Is it a point of order? We are finished with that question. Is it a point of order, honSkwatsha? [Interjections.] †Mr M SKWATSHA: No,a follow-up. †The DEPUTY SPEAKER: No, it was the last chance that we gave to honOzinsky. †Mr M SKWATSHA: Not to me, to Ozinsky.

TUESDAY, 23 NOVEMBER 2010 2081 †The DEPUTY SPEAKER: Yes, for all of you, because we can’t spend more time on that. †Mr M SKWATSHA: Okay, I wanted to take up the Minister’s challenge. †The DEPUTY SPEAKER: No, no, honSkwatsha. Order! †Mr M SKWATSHA: The answer is incorrect. I know when. †The DEPUTY SPEAKER: Hon Skwatsha, take your seat. †Mr M SKWATSHA: I’m saying the answer is incorrect. It was 3 May. †The DEPUTY SPEAKER: I recognise hon Minister Botha. †Mr M SKWATSHA: Mr Deputy Speaker ... †The DEPUTY SPEAKER: Hon Skwatsha, I’m warning you for the last time or you may leave the House. Please you take your seat. [Interjections.]

Regularity and monitoring of functioning of council meetings

*3. Mr J JVisser to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

(1) Whether he and his department are kept up to date on the (a) regularity of council meetings and (b) monitoring of the functioning thereof; if not, why not; if so what is the regularity of council meetings;

(2) whether there are municipalities that are transgressing the legal

requirements for council meetings; if so, (a) what guidance does his department provide to municipalities in this regard and (b) what happens to councils that do not adhere to these legal requirements?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr. Speaker, I thank the honVisser for the question. The reply is as follows: 3. (1) (a) and (b) No.My department is not formally kept informed of the

regularity of council meetings and monitoring of the functioning thereof, as the municipalities have no obligation to do so. In future, monitoring of the council meetings will be addressed through my department’s Performance Monitoring Unit.This unit is now being equipped with greater capacity.

When my department is involved in informal and formal interventions

in municipalities, part of the intervention procedure is monitoring compliance with the procedures regarding the holding of council meetings.The Local Government:Municipal Structures Act requires that municipal councils must meet at least quarterly.

(2) Yes, formal and informal interventions have been and are being carried

out by my department.

2082 TUESDAY, 23 NOVEMBER 2010

(a) My department is currently in the process of planning training in municipalities, which will take place after the next election.It will include, among other things, order arrangements and meeting procedures.

(b) Transgressions in the past, where municipalities had failed to hold

council meetings, led to the provincial Cabinet issuing directives under section 139 (1) of the Constitution which, if not met, could result in further action.

*Mr J J VISSER:Mr Deputy Speaker, I would like to know from the Minister whether in his opinion it would be better to increase rather than decrease the frequency of meetings? *The MINISTER:Mr Deputy Speaker, not in the current system.It is my opinion that we should stay with the executive mayor system; it is part of the system to speed up decision-making.The mayor’s executive committees usually sit monthly, so decisions can be taken monthly and only the nine items that they cannot decide on are then referred to a council, but this is minimal, especially outside the Metro.

Regularity of meetings at Oudtshoorn Municipality *4. Mr J JVisser to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

(1) Whether he is up to date on the regularity of meetings of the Oudtshoorn Municipality; if not, why not; if so,

(2) whether the meeting of 3 August 2010 was the last meeting of the Council;

if not, when was the last meeting; if so, (a) what are the legal requirements on the frequency of local government meetings and (b) what are the potential consequences if the Council does not meet these requirements?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Once again, I thank the honVisser for the question.The reply is as follows: 4. (1) My department is informed regarding the holding of Oudtshoorn

Municipality council meetings. (2) No.Oudtshoorn’s last council meeting was held on 5 November 2010.

(a) Under the Structures Act, a municipal council must meet at least quarterly.

(b) Noncompliance of the requirement could lead to the provincial Cabinet issuing a directive pursuant to section 139(1) of the Constitution which could, if not fulfilled, lead to further action.

†Mr M OZINSKY: Mr DeputySpeaker, is the hon MEC saying that there were meetings after 3 August 2010?

TUESDAY, 23 NOVEMBER 2010 2083 †The MINISTER: I’m saying that their last meeting was on 5 November 2010 – the council. The DEPUTY SPEAKER: [Inaudible.] [[Laughter.] †Mr M OZINSKY: Is the hon MEC telling the House that the Municipality of Oudtshoorn complies with the law? An HON MEMBER: Yes. †Mr M SKWATSHA: No. *The MINISTER:Mr Deputy Speaker, with regard to the holding of council meetings, yes. *Mr M OZINSKY:Thank you.

People struggling to get services at rural clinics *5. Ms E Prins to ask Mr T L Botha, Minister of Health: Whether people at (a) clinics in rural areas in general and/or (b) in particular, at the

Bongolethu Clinic in Oudtshoorn have to struggle to get services; if so, why in each case?

†The MINISTER OF HEALTH: Mr Deputy Speaker, the reply is as follows: 5. A specific complaint was received by the Department of Health from Ms E

Prins regarding services experienced by a patient at Bongolethu Clinic, Oudtshoorn, on 2 November 2010. The deduction is made that this parliamentary question arises from this incident.Thus, firstly a response to the complaint.

Summary of the complaint:

There were only two nurses to see to approximately 50 patients;

chronic patients waited the whole day to receive medication; and

some patients had arrived at the clinic at 05:30. (a) and (b) In response to the actual complaint we need to address the staff

complement at the clinic. The norm is one professional nurse per 38 patients, thus two nurses for that day would be acceptable. Bongolethu Clinic has a staff component of four professional nurses. However, on this specific day, 2 November 2010, the professional nurse, head of the clinic, was on sick leave and another was writing exams. Alternate arrangements had been made to deal with the relative staff shortage that day, and the complainant was seen by a professional nurse, who had been deployed from elsewhere to help out that day with clinical services in the clinic.

2084 TUESDAY, 23 NOVEMBER 2010

The lesson to be learnt from this incident is that it is important to inform patients at a clinic of a particular situation on a given day if it is out of the ordinary as communication and information might well prevent patient frustration and subsequent complaints. Local management will follow this up with the specific clinic.

Services for chronic patients: To streamline and stagger movement of patients and to prevent

congestion, all reviews of patients and the dispensing of medication for chronic diseases is done in the afternoons only. Acute services and preventative/promotive services are done in the mornings. The system is implemented in the whole of the district and is designed, inter alia, to decrease waiting times. It should also improve patient experience.

A recent initiative has been the development of a nonhealth off-site, known

as the Amy Biehl Building, where stable chronic patients can easily receive their chronic medication without always having to go to the clinic for this service. It might be that this new system has not yet been effectively communicated to the patients at Bongolethu. Local management will review the situation and ensure that the information is properly distributed.

Rural development projects

*6. Ms E Prins to ask Mr H G van Rensburg, Minister of Agriculture:

(a) What progress has his department made with the identified rural development projects and (b) for each project, (i) what has been implemented, (ii) how much has been spent, (iii) what is the backlog and (iv) what is being done to fast-track delivery?

*The MINISTER OF AGRICULTURE:Mr Deputy Speaker, I thank the honPrinsfor the question.The reply is as follows: 6. (a) We started with Dysselsdorp.The next project is Mamre, Ward 29, and

then it is Ebenhaezer. (b) We sent 23 field workers into Dysselsdorp and they did a survey for us,

which was done electronically.This is the first time that something like this has been done in South Africa.

We have a comprehensive database with information on each individual household.There were about 12 000 people in that community and it was carried out by 23 field workers.

The Dysselsdorp Council of Stakeholders was selected on 13 October

2010 and it represents all stakeholders, as well as all three levels of government.

(i) The implementation of the Clinic Community Garden, funded by the

national Department of Rural Development, R259 000; 40 community gardens, funded by the Western Cape Department of Agriculture, R320 000.

TUESDAY, 23 NOVEMBER 2010 2085 (ii) The following projects are still in progress: The contribution for the household survey has actually now already

been completed, and R330 000 was given by the national Department of Rural Development, R131 000 by the Western Cape Department and R12 000 by the Municipality of Oudtshoorn.We are busy upgrading the dams at Waaikraal and R3,5 million was given by the Western Cape Department of Agriculture for this.

(iii) In future, all decisions will be made jointly with the Council of

Stakeholders and may I also ask here that councilors, whatever their political affiliation, please do not interfere in our process there.

(iv) We believe that now that the Council of Stakeholders is in place, this

will expedite service delivery to Dysselsdorp. *Ms E PRINS: Thank you, Mr Deputy Speaker.Minister, is there a collaboration agreement with Eden Municipality or where does Eden Municipality fit into the programme? *The MINISTER: Mr Deputy Speaker, the Council of Stakeholders involves all three levels of government and I am 100% sure Eden and Oudtshoorn Municipalities are part of it. *Ms E PRINS:Thank you, Mr Deputy Speaker.Has Eden District Municipality made any financial contribution to the programme? *The MINISTER: Mr Deputy Speaker, not according to my information at this stage, but there may be other projects not listed in my programme.This is another level of government, and they might also be providing water tanks or something in that area which I am not aware of in my agricultural programme at the moment.

Minister Bredel’s participation in television programme *7. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning: Whether he took part in any television program or programmes with regards to the Overberg District Municipality; if so, what are the relevant details?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr. Deputy Speaker, I thank the honUys for the question.The answer is very short: 7. No, not to my knowledge.I often receive enquiries regarding information that

can be used for programmes, be it on radio or television. *Mr P UYS:Mr Deputy Speaker, may I ask the hon Minister whether he recently participated in a debate called Open Studio? *The MINISTER:Mr Deputy Speaker, the reply is as follows:Yes, there was such a debate and it concerned environmental issues.

2086 TUESDAY, 23 NOVEMBER 2010 *Mr P UYS:Mr Deputy Speaker, is it correct that in that debate the hon Minister also referred to local government and the actions of local governments with regard to their not complying with certain laws? *The MINISTER:At this stage, the heated part of the debate concerns in particular our natural resources, bulk services, the water plans etc. It concerns in particular our big polluters, such as sewage farms that overflow along rivers, in other words, those local authorities do not comply with the law; landfills that do not have the proper licence conditions, which we are busy supporting and helping; and informal settlement areas that do not have the services they are supposed to get, which then also pollutes the rivers etc.In those cases, the department is busy issuing directives. There were three speakers and I'm not 100 % sure of who said what exactly, but these are the facts, Mr Deputy Speaker.We start with intergovernmental relations, issuing directives and then we follow along this way.In most cases, the municipalities responded and corrections were made.Thank you, Mr Deputy Speaker. *Mr P UYS:Mr Deputy Speaker, may I also ask the Minister whether one of hisofficials, who is a fulltime official, was the presenter of this programme and what the cost of the programmewas for his department? *The MINISTER:Mr Deputy Speaker, this is a new question, but there was no cost.It is very informal.It was at a university where it was basically the student who did it, and yes, one of my officials asked the questions. It was not a formal or an expensive process that we paid for; we do not rent space. They fill the programme and we get an opportunity to state our case for free, Mr Deputy Speaker.

Minister Bredell’s disagreement with High Court decision *8. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

What are the reasons why he does not agree with the High Court decision that the councillors of the Overberg District Municipality be reappointed?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, the reply is as follows: 8. It is not appropriate at this time to respond to the question because the

litigation pertaining to the legal efficacy of the dissolution of the Overberg District Municipality is subject to the decision of the Court of Appeal.

*Mr P UYS: Mr Deputy Speaker, why did he find it appropriate, as he was quoted in Die Burger of 9 November 2010 as saying, that he did not agree with the Supreme Court's decision that council members be reinstated pending the appeal. *The MINISTER:Mr Deputy Speaker, that is correct,I made that statement and I stand by the statement.We have the right to disagree and there is a way to deal with the disagreement.We respect the law, we respect the judgment and we take it on appeal. The media called us, we told them as much and they published it.[Interjections.]Don’t you worry. *Mr P UYS:I do worry.

TUESDAY, 23 NOVEMBER 2010 2087

Admission of disadvantaged children to former Model C schools †9. Ms V Hani to ask Mr D A C Grant, Minister of Education:

Whether any former Model C schools are turning down disadvantaged children who apply for admission; if so, (a) how many and (b) why?

†The MINISTER OF EDUCATION: Mr Deputy Speaker, thank you to hon Hani for the question. The reply is as follows: 9. With respect to the hon member, the phrasing of the question makes it very

difficult to answer. This is for three reasons: Firstly any form of reference to Model C schools is obsolete, given that in the current education dispensation such a classification is meaningless. Secondly, it is not clear precisely how the hon member would define disadvantaged children. Thirdly, schools themselves are wholly responsible for admissions, therefore the department does not keep statistics on this issue. However, Mr Deputy Speaker, we can point to a number of indicators in answering the general thrust of the question. A significant number of Western Cape schools receive in excess of 300 to 500 applications over and above the total number of learners that they can accommodate for the grade of admission. In applying their admission policy, schools are expressly forbidden from refusing any application on the basis of the parent’s inability to pay fees. It must also be noted that the Western Cape Education Department rigorously polices the proper application of admission policies at Western Cape schools, as determined by the relevant provincial and national legislation. It is also instructive that of the approximately 300 000 applications that are made for admission to Grade 1 and Grade 8 every year, on average only 30 appeals are received by the Ministry per annum. This would indicate that the overwhelming majority of children are placed in the school of their parent’s choice or, at the very least, in a satisfactory alternative. I wish to assure the House that the government is working tirelessly to ensure that the quality of education provided at all Western Cape schools is substantially improved. As we progress to achieving this ideal, this in turn will reduce the pressure on schools that are perceived as high performers.

†Ms V HANI: Mr Deputy Speaker, to help the Minister, “disadvantaged” means poor former Model Cschools. I think the Minister also knows what “disadvantaged” is. I would like, Deputy Minister ... [Interjections.] The DEPUTY SPEAKER: Order! †Mr P UYS: On a point of order, Mr Deputy Speaker: Hon Minister Botha is taking pictures here and really disturbing the House. Can you rule on that and maybe direct him to stop that nonsense? †The DEPUTY SPEAKER: Please, can you stop,hon Minister Botha. [Interjections.] Thanks, honUys.

2088 TUESDAY, 23 NOVEMBER 2010 *Mr P UYS:My word, but you are funny. †Ms V HANI: I would like the Minister to tell me if it is right for some schools to be run as if theywere private schools, or with the rules of a private school, on state property. †The MINISTER: Mr Deputy Speaker, with respect, I have no idea to which schools the hon member is referring. If she would kindly give me the details of the schools, then I will gladly look into it, but I’m not aware that public schools – ordinary schools – are being run as if they were private schools. It is a different question. †Ms V HANI: To be specific, it’s Stellenbosch. You should look into the former Model C schools in Stellenbosch. †The DEPUTY SPEAKER: Come again, hon Hani? †Ms V HANI: Rhenish Primary School. †The MINISTER: Mr Speaker, I will gladly look into that allegation and revert to the hon member.

Negotiations by previous Ministers with companies *10. Ms A J du Toit Marais to ask Mr T L Botha, Minister of Health:

Whether any negotiations that previous Ministers had with a certain company whose name has been furnished to his department for the purpose of his reply, have been brought to his attention; if so, what are the relevant details?

†The MINISTER OF HEALTH: Mr Deputy Speaker, the answer is as follows: 10. The Western Cape Provincial Department of Health had two types of

engagement with the company, Oxyntaka, which became Intaka. [Interjections.] The DEPUTY SPEAKER: Order! †Mr H P GEYER: Mr Deputy Speaker, can we have one conversation in the House and not the meeting that’s carrying on there on the far side of the House, please? †The DEPUTY SPEAKER: You may proceed, hon Botha. †The MINISTER: Mr Deputy Speaker, to continue: They were part of a pilot project for an oxygen- generating plant and the bid

was conditionally awarded to them for the on-site manufacturing of bulk oxygen and medical air for clinical use at five hospitals. In a pilot project during 2005, the Department of Health entered into an agreement with Oxyntaka, whereby it would set up an oxygen-generating plant as a pilot project at the New Somerset Hospital to produce medical oxygen and to determine the economic viability of the plant. Two containerised units were installed at the hospital during February 2005, which produced oxygen-enriched air.

TUESDAY, 23 NOVEMBER 2010 2089 The oxygen-generating plant was linked to the existing oxygen delivery system

at the hospital to provide oxygen. The National Department of Health currently has a transversal contract with Afrox to provide oxygen. It was never the idea to turn the pilot project into a long term contract for the procurement of oxygen outside of the normal procurement processes. So, that was never the idea. During the running of the project various technical difficulties were experienced with the plant, inter alia, a malfunction of the unit over a three-month period, which caused a reduction in the supply of essential oxygen to the hospital. The department then decided to terminate the pilot project with them. The reasons for this decision were the following: The department held the view that the pilot project had been running since 2005 and could not continue indefinitely and Oxyntaka was unable to obtain the required registration for their oxygen-generating system, which was operating under the pilot project at New Somerset Hospital. The department's position was that it cannot condone the unlawful operation of Oxyntaka's oxygen-generating system at its hospitals in terms of the bid. In addition, the new costing provided by this company for the provision of cylinders also rendered Oxyntaka's offer financially higher and more expensive than that of Afrox, the current contractor under the national transversal contract at the time.

Mr Deputy Speaker, it is clear to me that this contract was not dealt with in any improper manner and I’m informed that there were, at the time of this contract, some pressure on the staff in different divisions to accommodate the pilot and the bid of this company.

I actually want to thank the management and the staff of the department who stood firm during this process by upholding the correct procedures for procurement, especially the former Minister of Health, Minister Pierre Uys, who showed a particular interest in the contract, the tender and the pilot, or whatever you want call Oxyntaka’s, or Intaka’s, involvement. He personally hosted numerous meetings to get this pilot project running and the bid going between the department and Oxyntaka and dedicated his personal attention to the matter.

The matter of the contract for oxygen supply to our hospitals was dealt with in a proper manner by the staff of the department and I want to say thank you to them.

An HON MEMBER: Well done, honUys.

Misappropriation of social grants

*11. Ms A J du Toit Marais to ask Ms P de Lille, Minister of Social Development: Whether any cases of misappropriation of social grants to vulnerable people in

the Western Cape have been brought to her attention; if so, what are the relevant details?

11. Question stands over.

2090 FRIDAY, 26 NOVEMBER 2010 * Questions and replies as received from departments. QUESTIONS For written reply:

Speaker of Prince Albert Municipality: alleged allegations *1. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

Whether he is planning any action arising from the alleged allegations that the Speaker of the Prince Albert Municipality does not want to give the Council of the municipality the opportunity to address his behaviour; if not, why not; if so, what action?

The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: 1. An allegation of misconduct has been lodged against the Speaker of the

Prince Albert Municipality by a councillor of that municipality. It is understood that this allegation is tender related.

A committee of council has now been established comprising of both ANC and

DA members to investigate the allegations against the Speaker in terms of the Code of Conduct for Councillors.

The matter is thus being dealt with locally.

Destiny Africa Project, George: progress 2. Mr P Uys to ask Ms H Zille, Premier:

With reference to the launch of the Destiny Africa Project in George in November 2009, where she emphasised the importance of this project for job creation, (a) what is the progress on this project and (b) how is she going to appease the expectations that have been created?

2. Question withdrawn.

Fire prevention and firefighting equipment *3. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

(1) (a)What quantity of fire prevention and firefighting equipment is available at each of the municipalities in the Western Cape and (b) in each case (i) where is the equipment geographically located, (ii) what type of equipment is available and (iii) what are the number of operational staff available;

(2) (a) what is the budget for fire prevention and firefighting equipment in each of the municipalities in the Western Cape and (b) what percentage in each case is this of the total budget of the municipality?

FRIDAY, 26 NOVEMBER 2010 2091 The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: 3. (1) (a) Fire Prevention:Most fire brigades do have a fire prevention division as

part of their support services unit – together with training, administration and call centre activities. Fire prevention divisions are responsible for the following activities:

Approval of building plans (In terms of the National BuildingRegulations)

Fire safety inspections of buildings

Approval of rational building designs

Issuing of flammable and hazardous chemicals storage licences

Approvals for special events

Fire cause investigation

Prosecution of persons starting illegal fires. Fire prevention divisions do not have specific equipment and are not

deployed in an operational environment. The following numbers of fire prevention staff were confirmed by muni-

cipalities:

City of Cape Town – 60

West Coast District – 2

Central Karoo District – 0

Cape Winelands District– 1

Overberg District – 0

Eden District – 1

Fire Fighting (Operational Staff)

The operational fire fighting staff per district (per shift) is as follows:

Municipality Operations Command Centre

City of Cape Town 831 45

West Coast 49 12

Central Karoo 4 (volunteers)

0

Beaufort West 12 0

Murraysburg 4 (volunteers)

0

Laingsburg 8(volunteers) 0

Prins Albert 6 0

Cape Winelands 69 4

Stellenbosch 42 2

Breede Valley 30 8

Drakenstein 66 4

Langeberg 14 4

Overberg 35 5

2092 FRIDAY, 26 NOVEMBER 2010

Municipality Operations Command Centre

Eden 89 5

George 21

Mossel Bay 32

Oudtshoorn 20

Fire Fighting (Equipment) The major equipment in all municipalities (metro and district) is as

follows:

Municipality

Heavy Pumpers

Medium Pumpers

Light Pumpers

Aerial Apparatus

Hazardous Materials Units

Rescue Units

Water Tankers

City of Cape Town

46 23 24 9 5 22 19

West Coast 3 3 3 0 0 0 1

Central Karoo

0 0 0 0 0 0 1

Beaufort West 0 1 1 0 0 0 1

Murraysburg 0 0 0 0 0 0 1

Prins Albert 1 0 0 0 0 0 1

Laingsburg 0 0 0 0 0 0 1

Cape Winelands

8 0 0 0 3 0 2

Stellenbosch 3 3 2 1 0 2 1

Breede Valley 2 0 1 1 1 3 2

Drakenstein 6 1 6 1 1 0 2

Langeberg 2 2 0 0 0 0 0

Overberg 5 4 0 0 1 1 3

Grabouw 4 1 1 0 0 0 0

Caledon 1 1 2 0 0 0 0

Bredasdorp 1 1 2 0 1 1 0

Swellendam 1 1 1 0 0 0 0

Eden 0 6 9 0 1 1 1

George 1 1 1 0 0 1 1

Mossel Bay 2 1 1 0 1 2 2

Oudtshoorn 0 3 3 0 0 2 2

Note: Overberg also have trailer units equipped with fire fighting equipment at Barrydale, Suurbraak and Botrivier Budget Percentages (2) From the list below, all the municipalities with reflected budget information

responded.

Municipality (a) Budget (b) Percentage

City of Cape Town

Operation Budget

R498,416,826.00

Capital Budget

R 24, 863 623.00

1.88 %

0.59 %

West Coast R16 611 040 6.69%

Central Karoo

(Murraysburg)

R816 539.00 1.4 %

Beaufort West R370 000.00 1 %

FRIDAY, 26 NOVEMBER 2010 2093

Municipality (a) Budget (b) Percentage

Laingsburg R120 000 0.3%

Prins Albert R75 052.00 0.01 %

Cape Winelands R40 500 000 10.34 %

Stellenbosch R17 380 850 2.4 %

Breede Valley R13 086 479 2.5%

Drakenstein R20 375 000 1.7 %

Langeberg R3 760 628 1.06%

Witzenberg R2 074 000 0.08 %

Overberg R12 532 000 11%

Eden Capital Budget

R11 957 993

Operational Budget

R1 900 000

5.69 %

9.5 %

George Capital Budget

R9 400 000

Operational Budget

R1 400 000

0.905 %

1.12 %

Mossel Bay R10 841 686 1.816%

Oudtshoorn Capital Budget

R1 871 262

Operational Budget

R400 000

0.643 %

0.564 %

BITOU Capital Budget

R4 634 230

Operational Budget

R2 315 000

1.658%

2.04 %

Hessequa Capital Budget

R2 817 146

Operational Budget

R53 000

1.09 %

0.09 %

Knysna R7 504 690 1.780%

Proposed development by Elegant Square Trading 249: Record of Decision

4. Mr M Ozinsky to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning: Whether he can provide a copy of the Record of Decision (RoD) for the

proposed development by Elegant Square Trading 249 for erf 3477; if not, why not; if so, when?

The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: 4. Yes, herewith please find a copy of the said Environmental Authorisation.

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TUESDAY, 30 NOVEMBER 2010 2131

INTERPELLATIONS Interpellation standing over from Tuesday, 23 November 2010, as agreed to by the

House:

Steps to ensure centralisation does not disrupt performance

†2. Mr M Ozinsky to ask Ms H Zille, Premier:

What steps have been taken to ensure that the processes of the centralisation of the human resource and internal audit function in her department do not disrupt the performance of these functions in the individual departments?

†The PREMIER: Mr Deputy Speaker, this issue should really have been put to me in the form of a written question, because to answer it properly will take a very long time. An interpellation does not give one enough time to answer the question fully. However, I will give a skeleton without much meat on the bones. The steps taken to minimise disruptions during the implementation phase of the Corporate Services Centre include a provincial steering committee to manage the process; an implementation plan, a very thick document, which I have over here, to guide the process and monitor progress; and departments are regularly briefed by PTM and the HR manager’s forum task teams dealing with specific issues. To minimise disruption the various components were transferred in phases. Each department has been given a Corporate Services Centre Relationship Unit to ensure the function within the department is not compromised. Internal audit services were already provided from a shared unit in Provincial Treasury and this unit was transferred as a going concern. Change management interventions were put in place prior to and during the move to manage the transition. A service level agreement has been signed that outlines the specific responsibilities for each department. The service-level agreement also has a set of standard operational procedures that go with each function to minimise problems. As a result of corporatisation, the Corporate Services Centre is able to offer a much better service and, again, resolve many things that were left undone during the ANC’s term of office. For example, it has already resolved 67 labour matters that were left undone under the previous administration. It issues HR trend analyses to departments on specific matters and it has started a data base of bursary holders as part of a talent management project so we don’t give bursaries to pals, as happened under the previous administration. There will now be a consistent application of discipline and resolution of disputes, which was not the case in the past with selective disciplinary action in several instances. There is an estimated saving of more than R100 million over three years in the cost of providing these functions across government departments. The norms and standards and efficiency gains are incalculable at this stage. Corporatisation also revealed a need to improve the performance levels of staff. Many had not been adequately developed or trained in the past and the quality of some of their work was not satisfactory. This is placing an added burden on some staff members, who have o supervise the work of others. The Corporative Services Centre has already led to an improved quality of work. In an attempt to improve the skills of the more junior staff, a comprehensive development programme spanning more than two years has been implemented.

2132 TUESDAY, 30 NOVEMBER 2010 We do accept that with corporatisation there will be teething problems. In order to minimise such problems, the Department of the Premier has worked with all other departments to prepare for corporatisation. As has been explained in the standing committee, corporatisation does not remove the right of departments to make appointments, for example, but it does ensure that laws, policies and standards are consistently adhered to. †Mr M OZINSKY: Mr Deputy Speaker, the reason I didn’t put this as a written question is that the Premier regularly refuses to answer written questions. So I am forced to bring issues to this House. †The PREMIER: What? †Mr M OZINSKY: Yes, regularly. Even two weeks ago you refused to answer a question. The fact of the matter is that the haphazard approach to this programme and this process has led to severe service delivery problems in the different departments. The Premier can shake her head, but let me read to her from the audit committee of the Department of Health, for instance, which says that—

The committee was deeply concerned to learn at the end of the financial year that the internal audit department had failed to complete its mutually agreed-upon programme for the year. The variation to the audit plan was approved by the committee at a meeting on 23 April 2010, subject to the commitment by internal audit that there would not be a repeat of this failure.

[Interjections.] In other words, the audit committee ... [Interjections] Yes, and if you ask me, let’s see why it is corporatisation. Let me quote to you what Mr Ahmed had to say – the above, by the way, was from Mr Hislop, the chair of the one audit committee. Mr Ahmed, the chair of the other committee, raised the same issues with regard to all the departments his audit committee deals with. He told us in Scopa that across each department the internal audit was unable to complete the plan. He also told us that across all departments there is an inability to fill vacancies and that this was a major problem. Unlike what the hon Premier is saying that corporatisation has helped the process, the audit committee says that it has done the exact opposite. Mr Ahmed continues to say – this is not the ANC, this is the person you appointed to these audit committees – that they can see rates are high. This is why positions were not filled. He also goes on to say that enterprise risk management was generally poor in most departments and was not dealt with due to centralisation in the Department of the Premier. [Time expired.] †Mr M NCEDANA: Mr Deputy Speaker, what worries Cope is the centralisation of all the departments under one department because, clearly, HR has also been centralised. The problem there is that the department is going to be overloaded when, in fact, all the departments could handle some of the workload. That is the major concern on our side.

TUESDAY, 30 NOVEMBER 2010 2133 The second thing is that that will cause a lot of bureaucratic processes, which are unnecessary. [Interjections.] The intended recipients for the services are the ordinary people outside and we, therefore, think that the Premier should specifically again look at this particular point; that you decentralise, you trust your MECs and you allow them to perform their tasks so that we, as voters, get a better service. [Interjections.] An HON MEMBER: Ignore him. Mr M NCEDANA: Lastly, if the Premier wants to help the province, we should be told the truth at all times, because what has just been read now is also what is in the reports. To judge from the statement that she has made, there are serious contradictions there. †The PREMIER: It is quite obvious to me, Mr Deputy Speaker, why hon Ozinsky put this as an interpellation. He wants to grandstand as usual. That’s fine, because he has made a fundamental mistake here. First of all, he blames any problems in internal audit on corporatisation, but I have just told him – he obviously was not listening to my reply – that the internal audit services were already provided by a shared unit in Provincial Treasury and this unit was transferred as a going concern. It has not been touched by corporatisation. [Interjections.] In fact, on 16 November 2010 – hon Ozinksy was probably missing – the Leader of the Opposition is recorded as saying that every single Head of Department raised this issue in Scopa or in their annual report. At that time I asked members to send me specific complaints for investigation, but not one has done so. Hon Ozinsky, however, wants to come here to grandstand when he can’t even make a point, because he has no point to make. We tried to establish the facts through the departments. Seven said they had made no such complaints, but hon Ozinsky repeats it here today that everyone was complaining. Seven departments replied to us that they had no such complaints. Three departments said that modernisation impacted on their vacancy rate, but that they had resolved the situation with contract staff and service delivery was not affected. The Department of Education reported some challenges, but the fact is that none of their services were corporatised at all. So, again, that had nothing to do with corporatisation. [Interjections.] Transport and Public Works said their enterprise risk management functions could not be performed because there were vacancies, but then they pointed out that those vacancies started in 2008 under the ANC when Minister Fransman, and subsequently Minister Mqulwana, put a moratorium on new appointments. They started it and that’s exactly where the problem lies. †The MINISTER OF HEALTH: They were looking for cadres. †The PREMIER: They were always looking for cadres. All the moratoria have now been lifted. To get to the hon Ncedana’s argument, this Corporate Services Centre is, in fact, precisely the opposite of what was envisaged in Gauteng under the ANC, where they turned it into a corporate redeployment centre – to ensure that jobs for pals were created in terms of which faction one supported in the ANC – and then into a tender manipulation centre. That is precisely what we want to get away from. [Interjections.]

2134 TUESDAY, 30 NOVEMBER 2010 †Mr H P GEYER: Mr Deputy Speaker, the modernisation project of the Department of the Premier has resulted in a number of positive spin-offs for the Legislature. With the human resource environment it was deemed necessary to pool the skills and knowledge of the HR officials in departments and to collectively manage the human resources function of all departments, except for the Departments of Health and Education. In addition, the inconsistent remuneration of staff for doing the same work had resulted in the provincial government having to spend R35 million to correct what was deemed an unfair labour practice by unions .and they threatened to take the matter to court if the matter was not resolved. In order to ensure that the transfer of the human resources function happened with minimum disruption to the work that had to be done, a team of officials worked according to the improved implementation plan that allowed for the subfunctions to be transferred in phases over a five-month period. All departments cooperated with the team and ensured the successful co-ordination and eventual handover of the work processes. Prior to 1 April 2010, internal audit services to most departments were rendered from a shared internal audit unit situated in the Provincial Treasury. Only the Departments of Education and Health had their own decentralised internal audit unit. These functions were therefore transferred to the Department of the Premier as a going concern. *Mr Deputy Speaker, we must also realise that it is a new process and that difficulties are to be expected.The current difficulties will definitely be resolved by April 2011.Mr Deputy Speaker, I repeat what the Premier said:the positive part of this story is that the Legislature will save more than R100 million in personnel costs over the next three years.I thank you. †Mr M OZINSKY: Mr Deputy Speaker, firstly it’s not the Legislature that’s going to save that money. It’s claimed that the provincial government will save that money, but unfortunately, when you ask the departments where the savings will come from, they can’t tell you. Even the DG sat where the hon Premier is sitting today and admitted that he can’t even tell us what the cost of the modernisation process will be in this financial year. So you can have your books and your plans, but if he can’t tell us how much it’s going to cost in the year in which you’re already spending the money, then they are worthless and that’s what is happening here. Let’s look at what hon Geyer is saying, because the Premier says that there are no problems and hon Carlisle shouts that there are no problems, but hon Geyer says the problems will be solved in April 2011. Which is it – there are no problems or the problems will be solved? Let me remind you what hon Carlisle told Scopa in response to my questions on these matters and that enterprise risk management is a growing crisis in all departments, not only his department. [Interjections.] That’s not what he’s shouting to the House today and that’s not what the hon Premier is telling the House today. Either there is a problem or there is not a problem. If there is a problem, be honest with us and tell us what the problem is. [Interjections.] There is no way, absolutely no way, that you can come here and say that there is no problem and that there is a proper plan.

TUESDAY, 30 NOVEMBER 2010 2135 If there were a proper plan the costs would’ve been worked out and the DG would’ve come here and said that this or that is the cost. But in the middle of the financial year when this is taking place, he is unable to say what the cost is. [Interjections.] Let me also say that there was a moratorium on staff appointments. The DG instituted that moratorium in December last year and it has nothing to do with what happened under the ANC. By his own admission it was instituted in December last year, but the hon Premier doesn’t say that they instituted a moratorium that affects internal audit. She doesn’t say that they came and instituted a moratorium which meant that there weren’t enough people to deal with human resources management. †The DEPUTY SPEAKER: Order,hon Ozinsky! †Mr M OZINSKY: Mr Deputy Speaker, this is my last sentence, if I may. The House was told that the people who were appointed to do the internal audit came straight from university and were not qualified and it’s going to take another year to train them. [Interjections.] So this problem is not going to be in the past, it’s going to be in the year ahead. [Time expired.] †The MINISTER OF HEALTH: You listen to Scopa gossip. †Mr M OZINSKY:Do you call Scopa “gossip”? The DEPUTY SPEAKER: Order! †The PREMIER: You know, Mr Deputy Speaker, it’s quite extraordinary the nerve the ANC has to come here to talk about problems with corporatisation, because, in fact, it is precisely designed to deal with the mess and the problems they left. †Mr M OZINSKY: What mess? †The PREMIER: Let’s just look at one thing: In every single ANC department they used to decide what salary scales the clerks would get and there was a huge discrepancy between Grade 3’s and Grade 5’s. [Interjections.] People were paid randomly and arbitrarily and we have to pay R35 million to fix that mess ... [Interjections.] ... and corporatisation will make sure that that kind of thing doesn’t happen again. The ANC has an absolute nerve to talk about anybody employing people who are not fit for purpose ... *Mr H P GEYER:Good!Good! †The PREMIER: ... because it’s quite extraordinary the kind people that they employed in key positions. They were quite unable to perform the required functions, especially in places like enterprise risk management and in various things such as forensic audits in this government – quite frightening.

2136 TUESDAY, 30 NOVEMBER 2010 The level of capacity that the ANC left makes it quite a major challenge to try to transform this government into a well-performing, high-level, internationally recognised centre of excellence. And that is what corporatisation is designed to do. The mess that we found in IT beggars belief. I cannot understand the underinvestment in IT – which is another thing that corporatisation is trying to resolve – year after year after year, except in one sense, Mr Deputy Speaker, they couldn’t get votes through fixing the computer system here, that’s why they rather went out and held party after party and event after event and they let this administration run down to become a total mess. [Interjections.] Obviously there was a moratorium on filling posts in various departments while we were corporatising them. [Interjections.] Obviously, but the problems in Transport and Public Works comes from the ANC’s time when both Minister Fransman and Minister Mqulwana started freezing posts, didn’t lift the moratoria and left those positions vacant. Now we have to pick up the pieces. The pieces are being picked up ... [Interjections.] ... and we are achieving the transformation towards excellence that we are determined to achieve, but no thanks to the kind of mess that we inherited from the ANC.] New interpellations:

Information to manage planning applications and appeals †1. Mr M Ozinsky to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

(1) What information is captured in the spreadsheet that the Head of Department of Environmental Affairs and Development Planning told the Standing Committee is used to manage planning applications and appeals being considered by the Department;

(2) whether he is prepared to make this information available to the House; if

not, why not; if so, when? *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: Mr Deputy Speaker, I thank honOzinsky for the interpellation.The response is unfortunately very brief because I am only giving the facts.The information in which the department’s worksheets are included in respect of the planning applications includes the following amongst others:date of application, departmental file number, description of the property, the type of application, the municipality and the status of the application. The response to the second part of the interpellation:yes, I am willing to make the abovementioned information available. †Mr M OZINSKY: Thank you, Mr Deputy Speaker, and thank you to the hon MEC, because at least we’re starting to get somewhere with the MEC. I asked the hon MEC for a written reply on 19 March 2010, as to whether, for each of the applications the department is dealing with, he can supply (a) the name of the applicant, (b) the municipality where the application is, (c) the name of the development, (d) the erf number, (e) the date when the application was made, (f) the nature of the application, (g) the status of the application in departmental procedure, (h) whether there were any objections and (i) any reasons for delays.

TUESDAY, 30 NOVEMBER 2010 2137 The hon MEC then responded to the House, because questions belong to the House and not to the member who asks them, that this information is available in the files of individual applications; it is not possible to provide the information in the context of a parliamentary question. Let me repeat, “… it is not possible to provide the information in the context of a parliamentary question.” [Interjections.] Now the MEC comes here and says that precisely the files that I raised and I wanted responses on, are the ones that are on their management tool. In other words, the MEC is severely challenged by the truth. It was not only in this House that the MEC wanted to handle the truth without the delicacy that is required. The MEC wrote in the Cape Argus on the 30 August 2010, further confusing the issue and further not giving the right answer to the public out there. He says, and I quote:

Perhaps he failed … – this is Ozinsky –

… to appreciate the research in answering his question in detail would’ve required excessive, unnecessary expenditure on many officials having to declare themselves for weeks to dedicate themselves solely to this task, which would definitely not be justified and would, moreover, have caused immense delays in the day-to-day processing of existing applications.

However, the MEC had all the information that I requested in my question on a computer file. All he had to do was to print out the computer file with the information, and in the cases where he couldn’t provide the information he could’ve said, “I don’t have it”. Instead, the hon MEC decided, both in the House and in public, to deny that he could answer the question when he knew very well that he was able to answer the question. [Time expired.] †Mr M SKWATSHA: Never trust him. *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, I thank honOzinsky.I was wondering if we were going in that direction.The answer is very simple:I am content with the answer that I gave in Parliament and I have not told any lies. Hon Ozinsky conveniently omitted a few items he wanted.He wanted the name of the developer.Now in my department I don’t receive the name of the developer; I work with stand numbers.He wants to know the “nature of the development”. In other words, he wants a summary of each file.I don’t require my department to be able to give it, because this department will protect the heritage of our children and we will no longer use this department as a fundraising department for any institution. So, Mr Deputy Speaker, here is the page.On this page I provide all the necessary information.If you need any other information, there is the access to information legislation of which honOzinsky is aware, and any other member too.However, there is one exception – one must have an interest in the application.We cannot just extract all the information from all the applications.Privilege also pertains to these files and I will treat them accordingly.

2138 TUESDAY, 30 NOVEMBER 2010 Our department is committed to ensuring what we call “infrastructure-led economic growth” for this province.It is complex and we must strike the right balance between economic growth and protecting our future for our children, so that they will also have options.At the same time we are engaged in a large-scale infrastructure plan that is critical for this province, because it has never been attended to over the previous 15 years. †Mr M C WALTERS: Mr Deputy Speaker, the information contained in the departmental spreadsheet referred to by hon Ozinsky in his question to Minister Bredell is indicative of an organisational administrative malaise that has existed since the accession of the ANC to power in the Western Cape in 2001, and which has been reversed since 2009, with the advent of the DA government. When one notes that there are applications dating back to 2003, which have not been resolved, often with the rider of awaiting outstanding documents, then one is constrained to question the process that was followed. Were there no time limits imposed on the acquiescence to certain requirements? Can the validity of an application not lapse if the applicant does not comply with the request to submit outstanding documents? Is the interaction between applicant, council and department dynamic enough, or can a freer interaction between these three sectors not contribute to a reduction of backlogs, either through the elimination of applications, which are no longer entertained by applicants, or by accelerating the provision of outstanding materials by programme reminders to those delaying progress? The Minister is to be congratulated on the energy with which he has addressed the enormous backlog that he inherited from his predecessors. The development of improved programmes and stipulated action dates will certainly promote a faster turnaround of those applications and project approvals that underpin compatible economic development in our province. Without optimal resolution of development applications with the many facets involved – either approval or rejection – economic development and job creation will be severely constrained. I thank you. †Mr M OZINSKY: Mr Deputy Speaker, let me first say that I’ve asked the hon MEC to send my best wishes, and that of the ANC, to the Head of Department, Mr Ellis, who unfortunately finds himself in hospital and I’m sure the whole House will agree on sending him our regards. Let me make this point: Hon Walters says there was malaise in the department, but I can tell you that Mr Ellis and exactly the same management team were in charge of that department before the ANC took over in 2002. That was the same management team, the same people, who always came here and gave us the same excuses. [Interjections.] †The MINISTER OF TRANSPORT AND PUBLIC WORKS: What about your Ministers? †Mr M OZINSKY: No, it’s not about Ministers because this is about management information. [Interjections.] The Minister just gives answers based on what the department says, and that is my concern; because if the Minister does not say in his answer what the department has told him to say then the hon Minister is misleading the House.

TUESDAY, 30 NOVEMBER 2010 2139 Now, how is it that the Minister answers in one way, but when the Head of Department comes to Scopa and I ask him for precisely the information that is in the management tool, the spreadsheet, then he answers the things that I asked but was told could not be provided. That is the problem. It is quite clear to me that because the MEC wanted the answer to go in a certain way he told the HOD to answer it in that way, and next week we’ll come to another interpellation where the hon Minister will do exactly the same thing. What happened here in Scopa, to put it bluntly, is the HOD “piemped” the MEC. The MEC says he can’t supply the information, but the HOD admits they have all that information and it’s just a matter of bringing it here – and today the hon Minister has brought it here. The fact that he wouldn’t give it to me on 19 March 2010 and waited months and months, from 19 March to November 2010 to bring it here, only exposes him. If the hon Premier were here, she would be listening, and listening to the issues of integrity that we are raising with regard to the hon Minister. It is now time for the hon Premier, if she believes in integrity, morality and all the other things she pontificates on, to act against the hon Minister. [Time expired.] *The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Deputy Speaker, whereas everyone now has to take steps against everyone, I am very grateful that the ANC has already taken steps againsthonOzinsky and removed him from his position as chief whip.We could learn something from this.[Interjections.]It’s one step closer to the door, Mr Deputy Speaker, so we are hoping it will become a reality.[Interjections.] Mr Deputy Speaker, I am more than willing to supply the information on this page to honOzinsky.He is computer literate and can also download it.I supply a monthly report about the activities of my department to the honOzinsky as well as every member of the standing committee. He receives this as well, so he cannot accuse me that I am by any means not enabling them to play their supervisory role over me.I go out of my way, because this is the only way they can obtain information.However, I am not prepared to provide information that could be abused – and I am saying “could”, because it has happened in the past.Neither am I an MEC that … †Mr M OZINSKY: Sorry, Mr Deputy Speaker, on a point of order: The hon Minister says that I would misuse information - the same Minister who uses lies to answer Parliamentary questions. [Interjections] †The MINISTER: Yes. The DEPUTY SPEAKER: Order! [Interjections.] The PREMIER: [Inaudible.] †Mr M OZINSKY: These are your democrats. [Interjections] †The DEPUTY SPEAKER: Order! That’s not a point of order, hon Ozinsky. [Interjections.]

2140 TUESDAY, 30 NOVEMBER 2010 *The MINISTER:Thank you, Mr Deputy Speaker.I am also not the Minister who signed a lot of problematic applications the day before I had to vacate my office.We debate and we manage the department correctly.The planning legislation is a very sore point to honOzinsky. I have here the whole document relating how the ANC time and again shot the department in the foot when they had to make progress with this legislation.And today he’s putting it on my table and asking me why this legislation isn’t ready yet.But I, Mr Deputy Speaker, obtained the information and I know who put a stop to this legislation in an ANC caucus.Thank you, Mr Deputy Speaker.

Impact of gang violence on health care *2. Ms A J du Toit Marais to ask Mr T L Botha, Minister of Health:

(a) What is the impact of gang violence on health care and (b) how will he address it?

†The MINISTER OF HEALTH: Mr Deputy Speaker, what is the impact of gang violence?There are two primary drivers of the burden injury places on the health system: road accidents and violence relating to substance abuse, especially alcohol, of which a large percentage is rooted in gang violence. The Western Cape Department of Health’s emergency and trauma units across the province are usually inundated with patients with gunshot and stab wounds usually associated with gang violence, especially over weekends and public holidays. These patients, on arrival would then be triaged and treated according to the severity of their condition and this is not usually planned for when budgets are estimated. These incidents consume a lot of human and financial resources that could have been more effectively utilised under normal circumstances. It is clear that gang-related violence and substance abuse is rooted in poverty and extremely difficult living conditions. This is where government’s role comes into play. Earlier this year the Western Cape Cabinet adopted a blueprint for a comprehensive strategy for the prevention and treatment of substance abuse. *Ms A J DU TOIT MARAIS: Mr Deputy Speaker, during the Hanover Park shootings and stone-throwing in Khayelitsha, the lives of the health workers and patients were endangered.The actions of hon Minister Fritz and hon Minister Botha contributed to calming the situation. Research has indicated that violence is regarded as a health epidemic and it does not contribute to the Western Cape’s strategic objective of offering excellent value for money service.Violence in our communities increases the pressure on dedicated health workers, who are already overloaded. Hospitals and clinics should be a warm, friendly environment, but it is clear that they have now become targets because our society has become more violent.More people are unemployed, more use or abuse alcohol and drugs, and violence is a symptom of their circumstances.The healthcare system is directly involved in violence, not only because it affects service delivery, but also because health workers can contribute to diminishing the effects of violence.

TUESDAY, 30 NOVEMBER 2010 2141 †The MINISTER OF HEALTH: Mr Deputy Speaker, cases relating to gang violence places a heavy burden on our trauma units. This means that our staff are using the time that they could used to save the lives of those people, who need medical care only as a result of their medical condition, to treat gang violence-related incidents. These incidents also have severe consequences and place stress on staff and the health services at large. In many instances the safety and health of our staff are also compromised when gang members or abusive companions of patients interfere with staff who want to treat these patients. A recent example is a health facility in Hanover Park, and hon Marais also referred to it. This facility was forced to shut down because the health-care workers’ lives were endangered by the outbreak of gang violence. In terms of the statistics, we only have estimates of the incidents that are alcohol related. As health workers are not required to record this as such, we do not have statistics. They just record the clinical incidents. However, the trauma unit at Groote Schuur Hospital, on average, treats about 900 patients per month of which half are alcohol related and we can say that there probably would have been some gang activity involved in those incidents. *Ms J WITBOOI:Mr Deputy Speaker, criminal acts and their results definitely have a very negative effect on our health care.Be it knife or gunshot wounds, rape, family violence, emotional violence or whatever other type of crime, the victims of these crimes all end up sooner or later in a hospital, police station, psychiatric hospital or eventually the morgue. Mr Deputy Speaker, we don’t live in lala land – wouldn’t it have been lovely.When we open the papers, we are confronted with some or other cruel act and in many cases innocent people suffer the most. The Department of Health has a long road ahead to successfully address the results of the violence on the department.But what is crystal clear is that the department cannot handle it by itself. A very clear and integrated programme will be needed from especially the departments of Health, Education and Community Safety.The most important component of such a programme must be community involvement. Mr Deputy Speaker, very few of us here, if any, live in areas where violence is rife.So when a community leader states that a little girl was refused admission to a hospital, I believe it – unlike the MEC who is today trying to persuade us that it is not true.[Interjections.]DA Councillor Barbara Rass personally told me about it this morning when she arrived.I believe her, but the Minister needs to deal with it. The main question in the House is: how do we stop gang violence?Surely not by denying what’s happening out there on the flats or by being more or less apathetic towards these events.We have to become involved and we must make the communities part of any efforts.This is the only way.[Time expired.] *Ms A J DU TOIT MARAIS:Every health worker should understand the concept of universal precautions against violence.In other words, even when violence is expected, it can be avoided or limited by being prepared.Health workers that are exposed to certain types of violence should undergo formal training in respect of the type of violence in the area, the environment and the facility that they serve.

2142 TUESDAY, 30 NOVEMBER 2010 This includes instructions about limited physical interventions in the clinic or hospital, unless enough personnel, emergency teams or security are available.All health workers should be trained to treat colleagues with empathy if such an incident occurs. I would like to appeal to Minister Botha to ensure that security staff are vetted and appointed selectively.They should receive specific training about the hospital or clinic, including the psychological component and dealing with aggressive and abusive patients.This particularly pertains to those that abuse tik and then display aggressive behaviour, and who will very likely pose a danger to health workers or the community.They should also be given information and training about the types of patients and disorders and ways of handling them in hostile situations.I thank you. *The MINISTER OF HEALTH:Mr Deputy Speaker, we established the drug and alcohol abuse strategy in the Department of the Premier.It is currently being done for the first time in this province – actually, for the first time in South Africa.It’s interesting that everyone is now jumping on the bandwagon. This government realised that alcohol and drug abuse is an interdepartmental issue that affects all departments, that it is the core cause of gang violence, that we must deal with it from a central level and that everyone must be involved.Health, community safety, education – all have to be involved. Mr Deputy Speaker, what is even more distressing is that where our normal patient intake increases by roughly 3% per annum, our trauma and emergency cases in some places are increasing by as much as 30% per annum.And so, over recent years, a problem has developed that all of a sudden requires our attention and for which a solution has to be found. The clever people, of course, those full of wisdom, are the ones who did nothing about it.But we will deal with it and we are now working on it.[Interjections.] Mr Deputy Speaker, I cannot believethat honWitbooi has again dragged in the four-year-old child into this debate where we are discussing gangs.I am stating this for the last time: the child was never refused admission to the Red Cross Hospital and her mother will confirm this. There was a whole chronological sequence.I don’t know what the police told who or which councillors, but she was never refused admission and honWitbooi must now please begin to act responsibly in respect of this matter. I would like to respond to hon Marais’ remarks about the security staff.It is a very, very big challenge and the department is currently spending about R100 million a year on security staff.One hundred million rands!Not to mention the patients we have to deal with as a result.I do not know how many additional millions this is costing.Just the security is about R100 million and that security is sometimes sorely lacking. We inherited many of the contracts from the previous government.We are now investigating them and I have no idea what might be revealed.However, we will ensure that we appoint suitable companies – without any connections – that can do the work.[Time expired.]

TUESDAY, 30 NOVEMBER 2010 2143

Gaps in regard to the effectiveness of the procurement process *3. Mr J J Visser to ask Mr R V Carlisle, Minister of Transport and Public Works: What are the gaps in regard to the effectiveness of the procurement process in

the screening of contractors since many projects suffer damages as a result of contractors that do not meet the requirements, namely financial ability, technical knowledge, planning ability and reliability?

†The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, in prefacing my answer just let me say that I think that the person who asked the question is referring to the past, when there were undoubtedly quite serious problems in this area. I am going to give the answer in terms of what I have done since I have been there. I can also entertain him with the past, but let’s leave it at that. First, the meaning of “screening” should be defined. It is understood to be the system or act of screening for the presence or absence of something, alternatively to investigate, typically to ascertain suitability for the job.

Second, it must be recognised that contractors for the delivery of infrastructure projects must, in terms of law, be registered on the register of contractors by the Construction Industry Development Board (CIDB). It’s a very important organisation, the CIDB.

Third, the registered contractors are categorised and graded to perform work in a predefined category with a predefined monetary value upper limit.

Fourth, such categorisation and rating is based inter alia on financial risk, experience, capacity, good standing with the South African Receiver of Revenue, the number of technical professionals employed by the contractor, registration with Cipro and checking references from previous projects completed one year prior to tendering for current projects.

In other words, Mr Deputy Speaker, every contractor is graded somewhere from one to nine. That is based on his previous history, on the capacity of his business and all those other things that I have mentioned. Every contract is graded from one to nine and you cannot get a contract that is higher than your grading. So that’s number one.

Within the department itself, during the evaluation and adjudication processes respectively– two separate processes – potential risks are identified and addressed by two separate committees and are considered by the delegated authority that approves the awarding of contracts. This includes, in addition to that, independent reports from professional consultants for infrastructure.

Therefore, if the above processes are correctly applied – and this is the answer to the first question – there are very few gaps in regard to the procurement process, other than three that could possibly arise. These gaps are delays in the processing of grading applications with CIDB, that is where CIDB may not be up to date, or delays in the updating and registration with Cipro. There, of course, we have massive corruption problems that national government has not dealt with.

2144 TUESDAY, 30 NOVEMBER 2010 Also, whilst we get a SARS certificate at the beginning, we do not have the capacity to check that right through the period of the contract.

It’s regrettable that the hon member refers to facts of projects suffering damages without giving any evidence thereof. I have no knowledge of any project, since I started there and since we started applying these things that, in fact, had suffered damages of significance.

In addition to the above, we have gone to great lengths to ensure a high standard of procurement and we have done the following. First, we have consolidated all procurement processes in the financial branch. Second, the financial improvement plan has comprehensively dealt with procurement issues. Third, and I am very pleased to say that we are the first department to have done this, delegations have been defined in detail, signed by me and issued to the appropriate managers earlier this month. [Time expired.] *Mr J J VISSER:Mr Deputy Speaker, I am glad the Minister has given this excellent, considered response.My question does indeed arise from the past financial year’s report that we studied and I am in any case going to tell him what my concern was and why I asked the question. We know that the procurement process has been delineated officially in the PFMA legislation, which requires every department to have a procurement chain management policy in place and to comply with it.All departments in state institutions are responsible for putting it in place.Its objective is specifically, among other things, to prevent fraud, embezzlement and theft when goods or services are procured. Given the terms and conditions for the type of organisation that qualifies, I am now more certain than I was.However, I am not so sure that there was certainty concerning the following aspects:the applicant’s record in respect of comparable projects for which the company is tendering; the history of his organisation’s financial and management capacities; the extent to which such an organisation inherently possesses the required technical knowledge and skills for managing the project efficiently; to what extent such a company contracts out certain functions of the project and depends on the contractors’ abilities; and proof of a sound financial basis and support. What is the basis of such an organisation’s BEE principles?Are they just faces benefitting from the transaction or are the partners also competent and able to provide expertise and experience for a specific project?Has the principle of “first deliver a certain service before payment” been made clear and applicable, or do contractors have to be supported so that they can start delivering the services?Does an approved list exist of competent contractors whocan be approached?Is enough time spent on the screening process so that the right contractor is finally selected? †Mr Deputy Speaker, it seems that there are still gaps in terms of the efficiency with which procurement is being done when it comes to contractors. It is still possible to choose contractors who are not fit for purpose, and in doing so processes are unreasonably slowed down for months, or even years, before any real work can be done. [Time expired.]

TUESDAY, 30 NOVEMBER 2010 2145 †Mr M NCEDANA: Mr Deputy Speaker, Cope believes that the government should assist emerging companies, especially those who come from the previously disadvantaged communities. Our belief is that BEE, as it is referred to, should be a BEE that is broad and substantial enough to be able reach even those people who are not connected to politicians. Secondly, what worries us is the issue of transformation in the province. From the reports we read, there continues to be a lack of transformation in the province. I think part of what the Minister has spoken about should begin to address these issues, because if we continue with only the well-established business community, individuals or companies we may find ourselves achieving the opposite of what we meant to achieve. It is very important for Cope that the Minister addresses this issue, because many of the small businesses that were operating in the Western Cape are no longer active or generating income because they are not connected to certain individuals. Thank you. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, let me try and address those two things. There are still a few points that I want to come back to, but let me say that basically in the end, once we have looked at everything that we have to look at, we are obliged by law to apply the Preferential Procurement Policy Framework regulations. We are obliged, once we have checked every aspect of risk, to give the contract to the company that has the highest points, which is a function of lowest price and their BEE function. We have to do that. The law states that and there is no other option. Let me say this to the hon Ncedana; the CIDB is the emerging contractor’s best-possible friend. It creates a path for him to develop from the very lowest levels of contracting steadily upwards, and in this province there is very rapid upward movement of HDI contractors on that CIDB scale. I can also tell you that nobody gets a job because they know me. I want to say to the hon member and make it very clear: If there were previously contractors who got jobs because they knew the Minister, it does not happen under me and it is not going to happen under me. An HON MEMBER: Hear,hear! The MINISTER: If they go broke I am very happy that they should go broke. They deserve to go broke, because they stole the people’s money and I don’t allow that to happen again. One thing that is of concern, and I think it is also of concern to the hon member, is that we are in a kind of a construction downturn. We are deeply concerned that we are not able to provide enough work for both our big contractors and our emerging contractors. Let me finally say to him that it is one of my goals that we will have at least one HDI Grade 9, right up the top there, and we are heading in that direction. [Time expired.]

2146 TUESDAY, 30 NOVEMBER 2010 UMnu M SKWATSHA: Ndiyabulela Mhlonipheki. Ukuxhasa nje uMnumzana uNcedana kulo mcimbi wokugxininisa kwakhe uMphathiswa. Ndiyakuva, kodwa nje into endenza ixhala yinto yokuba olu gxininiso alunakho na ukuba lenze into yokuba kusilele abantu bakuthi. Kuba yeyona ngxaki ndinayo ngale nto yokulungela injongo. Kaloku abantu bakuthi abasakhasayo nabakhulayo ngabo ekufuneka nabo beqeqeashiwe. Yaye ndiqinisekile ndisazi into yokuba uMphathiswa ethetha ngolu hlobo nje ethetha ngala manyathelo, sikhe sabona ixesha elidlulileyo apho iindawo ezinjengeValkenberg neKholeji yaBongikazi, kucacise ke ukuba abantu abanikwe umsebenzi lo ngabantu abangakwaziyo ukuwenza umsebenzi. Ilungile yenzeke loo ntol eyo, kodwa ke kufuneka siqwalasele nento yokubana kufuneka lube khona uhlobo lokuba abantu bakuthi bakwazi ukuqeqeshwa. Ukuba ayenzeki lo nto leyo siza kufumanisa into yokuba sinohlanga olunye kwezi zinto ezi, ngoko ndiyayixhasa kakhulu. Ndingathanda uMphathiswa ache acacise kule nto yolu hlelo. Enye into endifuna ukuyibeka yinto yokuba, enye into engathi yenza ingxaki kule nto yinto yokuba iMisebenzi yoLuntu umzekelo. Yiyo eyakha izikolo, kubhatale ezeMfundo, ibe yiyo eyakha iziBhedlele kubhatale icandelo lezempilo .Ingaba uParticia wonwabile na luhlobo olunjalo? Ayiyo into eyenza into yokuba esona siqinisekiso kungacaci into yokuba sivela kweliphi na icala. Ukuba nje uMphathiswa angacacisa kwakhona ngale nto yolu qiniso lwale prowujekthi ikhoyo. [Translation of isiXhosa paragraphs follows.] [Mr M SKWATSHA: I thank you, Honourable. To support MrNcedanaon this issue of emphasis from the Minister.I hear you, but what worries me is that this emphasis cannot do anything for our people.That is the problem I have with the issue of fit for purpose. We must understand that our people who are still emerging are the ones who need to be coached. I am sure and I know from the way the Minister is talking about these measures, we have seen in the past where places like Valkenbergand the Nursing College, it is clear that the people given jobs there are people who are not capable. It is correct that this thing happens, but we must also look at the ways in which our people can be coached. If that does not happen we will find out that we only have one race group on these issues, so I fully support this. I would like the Ministerto explain this issue of grading. Another thing I would like put here, andwhich is a problem, is the issue of Public Works, for example. It builds schools, and then Education pays, it also builds Hospitals and then Health pays. Is Particiahappy about this? It is not the one which comes with accredibilitywhich we do not know where it comes from. I would like the Minister to explain the issue of the consolidation of the current project. †Mr J J VISSER: Mr Deputy Speaker, when we speak on this subject we are not only speaking to the Department of Transport and Public Works, but to all departments. The economy of the Western Cape cannot afford that desperately needed services cannot be delivered or are delivered at such a slow pace that it does not make the necessary impact.

TUESDAY, 30 NOVEMBER 2010 2147 The money spent on any investigation or money lost, or the escalation of costs because of contractors who do not deliver, is enormous and our budgets, manpower and economy in general cannot tolerate this. If one looks at table 28 on page 40 of the annual report of the Department of Transport and Public Works, then one can see there are not less than eight instances where infrastructure completion was delayed because the contractor defaulted. As further stated in the report on page 116, and I quote:

Fraud represents a significant risk to the department’s assets, service delivery efficiency and reputation.

It is good to see that the department is serious about curbing fraud by revising its fraud prevention plan and I hope that a revised plan was put into practice by 1 June 2010, as promised. I think that the hon Carlisle has just alluded to that. The department, however, is not moving fast enough in implementing the modernised concept of the Supply Chain Management System (SCM) as envisaged, perhaps because of information technology constraints. I would like to urge the Minister and his department to speed up the implementation of the new, more modern SCM as envisaged on page 140 of the report. As far as investigations go, there seems to be just too much of that. I counted five in total: the Western Cape Nurses College, Valkenberg high care nurses’ administration units, various schools and the launching of the ISM building and suppliers were stated on page 142. I accept that this department is big and spread out and that it is difficult to have all the controls in place, but that is exactly the reason why the Minister and his HOD must put in an enormous effort to rectify and maintain a very effective high-risk management system within the department. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Deputy Speaker, in fact, hon Skwatsha gave the hon Visser the answer there. Those eight projects that he is talking about all go back to 2002, 2003. None of them were started in my time. All of them were finished or destroyed, or whatever, even before my time. So that’s history, and you should ask the opposition a questions about that if you want to follow up on that one. Before I come back to hon Skwatsha, let me tell the hon member that if the protocols that I have read here are followed and if they are implemented honestly and systematically it is almost impossible that there will be any stealing. It will also be impossible that the buildings will fall down or anything like that. Every single project that we are working on at the moment is on or below budget and on time or better than scheduled – every single one – and none of them have those kinds of problems. We have had problems from a different quarter and that is the question of communities, or alleged representatives of communities, getting involved where we have to get court orders to get them out because they stop our work, etc, but that has nothing to do with the construction side. That has to do with the policy that Cabinet will consider tomorrow.

2148 TUESDAY, 30 NOVEMBER 2010 Hon Skwatsha, I must say that I wouldn’t mind if the money were on my side as well, because that would ease things. However, that’s unfortunately a matter for National Treasury, because elsewhere they have had unhappy experiences with it and they are not likely to change that. Hon Ncedana, in terms of emerging contractors, if we look at the big 2010 projects such as the outbound lane on the N2, it’s an HDI contractor; the two contracts that we are still busy with beyond Somerset West and going towards the bottom of the pass, one of those is an HDI/conventional contract collaboration; Koeberg, the biggest of them all, is an HDI collaboration. Those are really big projects. The emergence of those big HDI contractors is really starting to happen. Finally, to put the hon Vissers’s mind at rest, all is well here. The history is unfortunate; the seas behind us were turbulent, but in front of us lies a vista that stretches wonderfully into the future. [Time expired.] [Applause.] †The PREMIER: Well done. [Interjections.] †The MINISTER: It’s true.

QUESTIONS Questions standing over from Tuesday, 23 November 2010, as agreed to by the House:

Misappropriation of social grants *11.Ms A J du Toit Marais to ask Ms P de Lille, Minister of Social Development: Whether any cases of misappropriation of social grants to vulnerable people in

the Western Cape have been brought to her attention; if so, what are the relevant details?

†The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, the reply is as follows: 11. The magnitude of the social grant programme in the country and in the

Western Cape is such that cases of misappropriation of social grants will take place to some extent. Although this is the reality currently, it must be rooted out. Whilst Sassa is a national public entity, reporting directly to the national Minister of Social Development, a close working relationship has been established between Social Development in the province and Sassa. An agreement is in place that all enquiries in respect of social grants received by the Department are referred to Sassa for its attention. This also includes referrals in respect of alleged fraud. Where such matters are reported they are investigated by Sassa. However, if necessary, the assistance of social workers from the Department of Social Development is called on to help deal with social issues pertaining to the matters concerned.

TUESDAY, 30 NOVEMBER 2010 2149

Where social grants are misappropriated, an administrator, defined as a person appointed by Sassa to receive and use the grant on behalf of the beneficiary, or a procurator, defined as a person appointed by the beneficiary to receive their grant on their behalf for the beneficiaries, can be appointed or the grant can be cancelled. The relevant legislation with regard to administrators and procurators is the Social Assistance Act, Act 13 of 2004.

†Mr M SKWATSHA: Mr Speaker, I thank the Minister for the answer, although I did not ask the question. Are there cases of misappropriation that have been brought to your attention? †The MINISTER: Yes, Mr Speaker, cases have been brought to my attention from Kannaland Municipality and I have referred them to Sassa for investigation. †Mr M SKWATSHA: So they are currently under investigation and have not been finalised?

New questions:

Objectives and requirements of projects or competitions *1. Ms E Prins to ask Mr H G van Rensburg, Minister of Agriculture:

(a) What are the (i) objectives and (ii) requirements set in each of the competitive projects or competitions in which his department is involved, (b) how is it judged and evaluated, (c) who are involved in the judging and evaluation and (d) what are the names of the sponsors involved?

*The MINISTER OF AGRICULTURE:Mr Speaker, the reply is as follows: 1. (a) and (b) (i) The Provincial Farm Worker of the Year competition was

launched to acknowledge the valuable contribution that farm workers make to agriculture in the Western Cape.

The Female Entrepreneur of the Year competition is an initiative of the

national Department of Agriculture, Forestry and Fisheries that we are supporting and it acknowledges the female producer in agriculture.

(ii) The competition started in 2002 in the Hex Valley.At the time there were

only 36 entries, but this year we had 750 entries.We would like to see this competition go national, and honPrins, if you want to make a positive contribution you could help me so that we can extend it countrywide.

There are different categories:general worker, specialist worker, tractor driver,

administrative staff, animal production, technical operator, irrigation specialist, junior management, middle management, senior management.I also have the names of all the regions that participated and I will supply the information to the honmember.

The Female Entrepreneur competition was launched 11 years ago and a

winner is selected in each province, and finally a national worker.The categories are best female worker, best subsistence producer, best top young entrepreneur smallholder, top entrepreneur commercial, top entrepreneur export markets and then an overall winner.

2150 TUESDAY, 30 NOVEMBER 2010 These people need not be land-owners; they can also be tenants and they

may enter as groups, but the groups must be 80% female owned. (c) The final judging of all categories for Farm Worker of the Year took place

at Sanlam’s head office in Bellville and there were five panels, each consisting of four or five experts.This competition is presented in a very transparent and professional manner to empower our farm workers.This year’s winner was announced at Grand West.For the female entrepreneur, a committee was formed by the national department, and Nafu, Agri Western Cape, the Ministry and the Department of Agriculture were also represented.

(d) The sponsors were the Department of Agriculture, Sanlam, the Land

Bank, Agri-Expo, Hopkins Cellars and the University of Stellenbosch.There were no provincial sponsors for the Female Entrepreneur of the Year competition.

*Ms E PRINS:Minister, thank you for the response.I would like to know if the winners receive any form of recognition to promote themselvesfor the work in which they are excelling.

*The MINISTER:I thought this was old news, but the winners definitely do get

recognition.This year, the University of Stellenbosch – and that is why it is one of the sponsors – offers a course that they can enrol for.The provincial Department of Agriculture sends them on an overseas trip where we also send new farmers to explore new markets.They participate as well.I speak under correction, but I think the winner also receives about R20 000 in prize money.

Additional competitive projects or competitions

*2. Ms E Prins to ask Mr H G van Rensburg, Minister of Agriculture:

Whether his department has any plans for additional competitive projects or

competitions; if not, why not; if so, (a) what will be the objectives and (b) who will be the target audience?

*The MINISTER OF AGRICULTURE:Mr Speaker, honPrins asks if I am planning more such competitions.The reply is as follows: 2. Definitely not on this scale, but because she comes from Oudtshoorn and the

question may arise from this fact, I wish to state that I did promise in Dysselsdorp to present an internal garden competition there.We encourage home gardens and I think it would be good if we could take a look at the end of the year to see which family made the best home garden.However, this will be on a much smaller scale.

*Ms E PRINS:Mr Speaker, I would like to ask the Minister if he has ever considered holding competitions to encourage farmers to improve the conditions of farm workers. †The MINISTER OF TRANSPORT AND PUBLIC WORKS: That’s old news, too. *Ms E PRINS:This is not old news.

TUESDAY, 30 NOVEMBER 2010 2151 †The MINISTER OF TRANSPORT AND PUBLIC WORKS: Ask about nuclear power stations. *The MINISTER OF AGRICULTURE: Mr Speaker, in a way this is a new question, but I would like to mention that there is nothing better than this Farm Worker of the Year competition for encouraging farmers.If you could be there and see how the farmer shares his workers’ excitement and joy over what is happening, then it really is an inspiration for agriculture out there and I sometimes wonder who is prouder, the farmer or the worker who won.

Information regarding radioactive equipment

*3. Ms A J du Toit Marais to ask Mr T L Botha, Minister of Health:

(1) Whether his department has a provincial register for radioactive equipment; if not, why not; if so,

(2) whether all equipment is in working order; if not, why not; if so, what are

the relevant details; (3) (a) who is responsible for maintenance of the equipment and (b) what are

the costs attached? †The MINISTER OF HEALTH: Mr Speaker, the answer is as follows: 3. Ionising radiation can be damaging to human tissue. Equipment producing

ionising radiation is used for diagnostic purposes and extra units such as CT scanners are used for radiotherapy treatment of cancer. Most of this equipment does not produce radiation when the power is turned off. The equipment is not technically called “radioactive” as such. In radiotherapy we use two types of equipment which produce ionising radiation by using radioactive sources. One could call these radioactive machines. The radiation cannot be switched off, but the radiation is shielded when not in use. The radioactive sources decay and have to be periodically replaced.

(1) All radiation-producing equipment is licensed by the national Department

of Health and, therefore, the database is also there. (2) Referring to diagnostic X-ray equipment, most hospitals in the province

would need to provide information that is not available from a central database. With regard to radiotherapy equipment, the Department uses linear accelerators (Linacs); cobalt radiotherapy units, a radioactive Co-60 source; and brachytherapy afterloaders, which are radioactive Ir-192 sources. These things are very technical.

(3) (a) and (b)I have a schedule here and I will hand that in because it is not

possible to read it to the House.]

2152 TUESDAY, 30 NOVEMBER 2010 Schedule as tabled:

GSH: Maintenance per annum

Radioactive Source

Year Condition

2 Cobalt-60 Theratron cancer treat-ment units

R180 000 not incl. source

R2 mil every 2.5 years

1987, 1995

Working well. New source ordered 2011

Siemens LINAC

Pay-as-you-go

– 1995 Old technology. Problematic. Currently down.

Varian LINAC R320 000 – 2006 Excellent condition

Nucletron Afterloader

Pay-as-you-go

Currently free Normally R240 000 pa

2006

New small modern LINAC urgently required – R15 mil. Will fit into unused old Cobalt bunker.

TBH:

Cobalt-60 unit

R2 mil

Elekta LINAC1

Elekta LINAC2

Elekta LINAC3

+/- R1.2 mil 2006

GammaMed Afterloader

2006

RXH:

No radiotherapy equipment

Declaration of interests by councillors *4. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning: Whether all councillors declared their interests within the prescribed period; if

not, (a) which councillors did not declare their interests, (b) from which municipalities are they and (c) what were the reasons given?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Speaker, the answer to Question 4 is: 4. No, not all councillors declared their interests within the prescribed

period.Answers from the following six municipalities are still outstanding and they are being followed up by my department:The Cape Winelands District Municipality, Overberg District Municipality, Eden District Municipality, Kannaland, Mossel Bay and Bito.

TUESDAY, 30 NOVEMBER 2010 2153

(a)–(c) Councillors that have not declared their interests within the legally prescribed period of time, are the following – and I have here a list of names that I would like to hand in with the consent of honUys, because it makes no sense to read them out.

List as tabled: Municipality Councillor Reason City of Cape Town M Ludidi Negligence; was reportedto

the Chief Whip. D Samuels Struggled to

obtainparticulars of her interests.

Bergrivier S Crafford Was appointed on

24/02/10after the by elections.

Declared interests 4 months after the election.

Prince Albert S Botes No reasons were furnished. J P Goliath No reasons were furnished. George Daniel Maritz The reason why declarations

were Belrina Cornelius not submitted within the P de Swardt legislative time frame is due

to an H Jones administrative oversight as it N Bityi wasn’t followed up within 60

days F Guga N Kamte P Komani R Kruger R Londt L Mbuzwana F Ntozini J Pretorius C Remas M Rabinowitz T Teyisi P vd Hoven A van Zyl W Witbooi C Williams AArries A C Laws E Meyer M Mtila C Potgieter M Ruiters Von Brandis

2154 TUESDAY, 30 NOVEMBER 2010

Contracts or tenders to Speaker of Prince Albert Municipality *5. Mr P Uys to ask Mr R V Carlisle, Minister of Transport and Public Works: Whether any contracts or tenders have been awarded by his department to

the Speaker of the Prince Albert Municipality or any of his business connections; if so, what are the details of the contracts or tenders?

†The MINISTER OF TRANSPORT AND PUBLIC WORKS: Mr Speaker, the reply is as follows: 5. I am actually disappointed by the question from the hon Uys from two points of

view. Firstly I want to tell him that in order for me to respond adequately to the question, the hon member must provide the registered name of the businesses in question in order for the department to perform the necessary research in this regard. We went through Cipro and all sorts of things and at the end of the day, yes, the Speaker does have an interest in certain businesses, but we’re not even certain it’s him. It could be somebody with the same initials as his, as far as we’re concerned.

The second disappointment I have is that I really want to know about things

like this, because if there is anything going on there – and I don’t care whether it is a member of the DA, ANC or Zanu PF – I want to sort it out. [Interjections.] My real response to the hon Uys is please get me the registered name.

†Mr M OZINSKY: I would like to ask the MEC if the department doesn’t do these kinds of checks when it arranges the contracts. †The MINISTER: Mr Speaker, with respect, the hon member is correct, but this is the other way around. The question reads: whether any contracts or tenders have been awarded by the Department to the Speaker to the Prince Albert Municipality or any of his business connections. The hon Ozinsky will understand, I can write a thesis on that and still not come up with the right answer. What we actually need to know is the company or the contract or both, preferably. We can’t make assumptions without that. If you ask me if we issued any contracts to the Speaker of the Prince Albert Municipality, I don’t know because I don’t know in what company guise he comes. I can’t go through the whole of Cipro, because that would take about four or five years. So it’s quite simple, and I am sure the hon member will accept this and give us the details. Then we will know for sure and we’ll report back to the House.

Details of Extended Public Works Summit †6. Ms T N Bevu to ask Mr R V Carlisle, Minister of Transport and Public Works: Whether the Extended Public Works Summit that took place from 13 to 14

October 2010 in Durban has been brought to his attention; if so, what are the relevant details?

†The MINISTER OF TRANSPORT AND PUBLIC WORKS: I see that Ms Bevu is not in the House, but I am glad to finally dispose of this question, Mr Speaker. The reply is as follows:

TUESDAY, 30 NOVEMBER 2010 2155 6. Yes, I was aware of the Extended Public Works Summit that took place on 13

and 14 October 2010 in Durban. I was invited to attend the summit by the National Minister of Public Works, who has since resigned. I was unable to attend, but I requested my Assistant Executive Manager: EPWP, Richard Petersen, to represent my department and me at the summit. He was accompanied by the Senior Manager: EPWP Co-ordination, Ms Sybil Muller. I am disappointed to say that we are only the second best in EPWP in the country. KwaZulu-Natal is still ahead of us, but we’re catching up fast.

An HON MEMBER: Watch out KZN!

Capturing of Dewani Vehicle on CCTV camera †7. Mr M Ozinsky to ask Mr A T Fritz, Minister of Community Safety:

Whether the hijacking of the vehicle carrying the Dewani couple was captured on a CCTV camera; if not, why not?

†The MINISTER OF COMMUNITY SAFETY: Mr Speaker, the reply is as follows: 7. This case is currently under investigation and before the courts, therefore we

cannot disclose any further information until the conclusion of the case. †Mr M OZINSKY: I don’t understand why the MEC can’t say yes, the camera was on or no, the camera was off. I bet that given the answers in this House about cameras, the likelihood is that the camera was off. That is all that is required. We don’t need to say who the suspect is – nothing like that. Just tell us if the camera was working or not. We are asking this question because we have spent millions and millions of taxpayers’ money, but I can bet you most of the time the cameras are not working. So, can you tell us if the camera was on or off? †The MINISTER: As I indicated, this matter is under investigation, specifically in terms of the court, and therefore I cannot give the member any information. [Interjections.] †Mr M OZINSKY: Is the hon MEC taking any steps with the City of Cape Town to ensure that government money that was spent on these cameras was worth it and that the cameras are on at all times? †The MINISTER: That is a new question, Mr Speaker. †Mr M OZINSKY: So, you’re not taking any steps?

Assessment of farm share ownership schemes †8. Mr M Ozinsky to ask Mr H G van Rensburg, Minister of Agriculture:

(a) In terms of land reform, which are the successful farm share ownership schemes in the Western Cape and (b) on what basis does he make this assessment?

*The MINISTER OF AGRICULTURE:Mr Speaker, the reply is as follows: 8. (a) Recent data that we received from the Department of Rural Development

and Land Reform state that there are in total 83 share ownership schemes in the Western Cape, 5% of them inactive.

2156 TUESDAY, 30 NOVEMBER 2010 (b) A survey was recently carried out amongst 20 of these schemes and we

also invited them to a discussion at Elsenburg that I attended, and all 20 said they had experienced positive progress.

However, there remained areas that needed attention, especially the

relationship of trust between the shareholders themselves and sometimes the relationship of trust between the person who started the scheme and the beneficiaries. We identified a lack of business management skills, a lack of knowledge and a lack of experience.We have appointed a special task team to provide training to these people in the areas that are lacking.

†Mr M OZINSKY: The question is: Which are the successful ones? Will you give me a list of the successful ones and those that are unsuccessful? *The MINISTER:It is not a problem at all, Mr Speaker.I don’t have it here, but we will send him a list of all 83 and tell him which are not successful. †Mr M OZINSKY: Part (b) of the question is: On what basis do you make the assessment? *The MINISTER: The assessments were carried out based on the people’s own opinions expressed to us.That was how my department and the economic affairs department, led by BongiswaMatoti, performed the interim survey and collected the information.

Assessment of development applications in light of limitations †9. Mr M G E Wiley to ask Mr A W Bredell,Minister of Local Government,

Environmental Affairs and Development Planning:

In the light of recent reports of water scarcity and other utility and transport access limitations in the geographically restricted and strategically sensitive deep south area of the Metro, how does his department (a) take these integrated considerations into account when assessing development applications, and (b) evaluate and develop plans for the competing considerations of tourist and residential access, environmental preservation, land restitution matters, historical preservation and economic growth of the area?

*The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING:Mr Speaker, the answer is: 9. (a) Yes, we have to take these and other considerations into account in terms

of applicable legislation on town planning and environmental matters. (b) In respect of the evaluation of all development applications and proposed

plans, the merits of each and every application for a development or proposed plan are measured against the following criteria:The principles of the Western Cape Provincial Spatial Development Framework; the principles of the national environmental management legislation; the desirability of such a development; and any other issues of merit as embodied in any other applicable legislation or planning framework.

†Mr M G E WILEY: May I ask the Minister if he takes need and desirability into account in any of his considerations? *The MINISTER: Mr Speaker, “need and desirability” are included in the legislative items that we consider.

TUESDAY, 30 NOVEMBER 2010 2157 To take a step back – because water shortages are a particular concern – I would like to congratulate the Premier’s office.We had a one-day session with the Premier and councils in which we discussed only water, because we are aware of the water shortages and the problems with the quality as well as the quantity of water.

Details regarding MOD centres in Western Cape

*10.Ms C Labuschagne to ask Dr I H Meyer, Minister of Cultural Affairs and Sport: Whether there are functioning Mass Opportunity and Access Development

Centres (MODs) in the Western Cape; if not, why not; if so, (a) how many, (b) where are they located, (c) what is the impact on the (i) youth and (ii) community?

*The MINISTER OF CULTURAL AFFAIRS AND SPORT:Mr Speaker, the reply is as follows: 10. The MOD centres are functional in the Western Cape. (a) There are currently 93 of these centres.

(b) In regard to rural areas, there are 15 centres in the Cape Winelands, in the Eden and Karoo districts there are 14, the Overberg region has four and on the West Coast there are 11. In respect of rural areas the total number of these MOD centres is therefore 44.In the metro district there are: Central, 11; East, 12; North, 12; South, 14; in total thus 49 MOD centres in the Cape Metropolitan jurisdictional area.

(c) (i) Learners become involved in after-school activities from about 12:00

until 18:00.Proficiency training in several sporting codes takes place at all levels from Grade R to Grade 9. Learner visitor numbers at the centres have increased constantly.

Educators have reported that learners participating in these centres are extremely interested in these classes.Learners attending these centres are also exposed to talent spotting and those that show potential are then exposed to high-performance activities.

(ii) The police claim that in certain areas, antisocial behaviour is clearly

declining among the youth of the relevant neighbourhoods. Fewer children are playing in the streets and parents are committed to ensuring their children’s attendance and have expressed appreciation for what is being done.Some parents are even offering their help.In some areas the teachers have started supporting the coaches at the relevant centres.In most areas, school principals and governing bodies are in favour of supporting the MOD centres at their schools.

*Ms C LABUSCHAGNE: Mr Speaker, I would like to know if these centres all have staff members and/or use organisations in partnerships. *The MINISTER: Mr Speaker,as regards the question pertaining to both the financing and institutional modalities as well as staff modalities, I wish to report that they are generally persons involved in the activities after school.They receive a stipend, and it is a meagre allowance for helping to manage these relevant activities after school.I might add that many of these people also do voluntary work at the centres.

2158 TUESDAY, 30 NOVEMBER 2010 This project was launched in July 2010 as a pilot project for the first six months of the year, and in my opinion it is a project that we should support substantially in the future.I am very grateful for the conditional allocation of R13,5 million that we received for these activities.

Service delivery improvement plan and priority focus *11.Ms C Labuschagne to ask Ms P de Lille, Minister of Social Development: Whether her department has a service delivery improvement plan; if not, why

not; if so, (a) what are the details and (b) what is the priority focus? †The MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, the reply is as follows: 11. (a) The overall service delivery improvement plan for the Department of Social

Development is the modernisation programme that stems from the provincial Cabinet’s strategic objective of enhancing the efficacy of the provincial institutions with the aim of improving service delivery at grassroots level, but more specifically in accordance with the Public Service Regulations 2001.

In the 2010-11 financial year, the Department of Social Development has

developed two service delivery improvement plans, which are to be implemented over the MTF period, namely the service delivery improvement of the Khayelitsha and Vredendal local offices. This is being accompanied by an efficiency and effectiveness evaluation at offices and facilities that will be used as a benchmark for addressing customer needs and thus inform and guide service delivery improvement in the department. The evaluation should be finalised by the middle of December 2010. The results of this process will be analysed and will inform both the existing service delivery improvement plans for Khayelitsha and Vredendal, as well as the development of a rework service delivery programme that will be developed in the new financial year.

(a) These are just some of the focus areas:

A customer satisfaction improvement survey that will be completed,

analysed and implemented, developed and approved;

to address the concerns and needs of the service beneficiaries in terms of acceptable norms and standards;

ensuring that consultation mechanisms are in place to consult the

clients, obtaining their output, such as public participation forums and community and stakeholder meetings; and

charter and development and refining of service delivery standards.

2159 FRIDAY, 3 DECEMBER 2010

* Questions and replies as received from departments.

QUESTIONS For written reply:

City of Cape Town: delays and uncertainty with approval of building plans *1. Mr P Uys to ask Mr A W Bredell, Minister of Local Government,

Environmental Affairs and Development Planning:

(a) What are the reasons for the delays and uncertainty with the approval of building plans by the City of Cape Town, (b) to what extent does his department provide support to expedite the process, (c) what is the average approval time for building plans and (d) how many building plans have not yet been finalised after (i) 6 months, (ii) 12 months and (iii) 24 months?

The MINISTER OF LOCAL GOVERNMENT, ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING: 1. (a) The Director for Planning and Building Development Management at the

City of Cape Town replied that, at present, there generally is no delay in the processing of building plans. Reasons for the problems in processing building plans could be due to the quality of building plan submissions, incomplete submissions, the property being affected by other laws and processes which do not allow the building plan to be processed unless those processes are finalised. Should there be a specific question as to a particular development, a more detailed response could be provided.

(b) The department does not provide any support to municipalities in this

regard due to it being a functional area of local government as contemplated in Schedule 4 B of the Constitution.

(c) The processing of building plans is regulated by the National Building

Regulations and Standards Act, 1977, which gives clear processing timelines, > 500msq = 60 days and < 500msq = 30 days.

(d) The number of building plans received and processed for the 2009-10

financial year was 23 051 building plans submitted and 25 649 building plans finalised. The table below provides a further statistic.

Submission Income Approvals Approval

Value Completions Completion

Value

Jan-Oct 2010

23 354 R44,4

mil 20 043 R9,2 bil 19 399 R6,8 bil

2160 FRIDAY, 3 DECEMBER 2010

Houses built and serviced site provided *2. Mr P Uys to ask Mr B S Madikizela, Minister of Housing:

(a) How many (i) houses were built and (ii) serviced sites were provided from 1 April 2010 to date by his department and (b) to what extent does this measure up to the predetermined targets?

The MINISTER OF HOUSING: 2. (a) (i) For the period 1 April 2010 to date, 8 258 houses were built; and (ii) 7 032 serviced sites were provided by the department. (b) To date, 55% of an annual target of 15 000 houses and 39% of a target of

18 000 serviced sites has been reached.

Outeniqua Choo-Tjoe *3. Mr P Uys to ask Mr A R Winde, Minister of Finance, Economic

Development and Tourism:

(a) What did he and his department do or plan to do to restore the Outeniqua Choo-Tjoe as an economic and tourism attraction in the Southern Cape, (b) what are the costs attached to this and (c) what will the contribution of the provincial government be over the next two years?

The MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND TOURISM: 3. Minister Winde is in negotiation with Transnet in respect of the George Knysna

rail route in accordance with Department of Public Enterprises's Disposal Guidelines, the detail of which cannot be released until it is finalised. Transnet is also undergoing a PFMA approval process. This detail has not yet been finalised.

2161 FRIDAY, 11 FEBRUARY 2011

* Questions and replies as received from departments. QUESTIONS For written reply:

Social grants, child support grants and grants for older persons *1. Ms J A van Zyl to ask Ms P de Lille, Minister of Social Development:

(a) How many people in the Western Cape currently receive (i) social grants, (ii) child support grants and (ii) grants for older persons and (b) what has been the percentage increase in applications since 2009 for (i) social grants, (ii) child support grants and (iii) grants for older persons?

The MINISTER OF SOCIAL DEVELOPMENT: 1. Social Grant Uptake Increases for the period – February 2009 to February 2011

Grant Type

Feb 2009 February 2011

Total Total PercentageGrowth

Social Grants 871 063 1 124 832 29.14%

Child Support Grants

495 347 699 774 41.27%

Older Persons Grants

189 436 228 449 20.60%

(i)

INTERPELLATIONS UNDER NAME OF MEMBER (as put to relevant Minister)

Beerwinkel, C F – Education ...................................................................................... 1908, 1928, 2029 Bevu, T N – Education ...................................................................................... 1865, 1927, 1930 Housing ............................................................................................................. 1744 Transport and Public Works .............................................................................. 1619 Cupido, P W – Education .......................................................................................................... 2028 Du Toit Marais, A J Health .................................................................................. 1361, 1467, 1497, 1862 Social Development .......................................................................................... 1419

Geyer, H P – Housing ............................................................................................................. 1745 Premier .............................................................................................................. 2134

Hartnick, J L – Cultural Affairs and Sport .................................................... 1311, 1405, 1661, 2035 Education .................... 147, 968, 1109, 1903, 1907, 1909, 1929, 1937, 2027, 2029 Jacobs, P M – Cultural Affairs and Sport .................................................................................. 1464 Housing ........................... 151, 184, 679, 865, 1100, 1743, 1748, 1902, 1968, 1971

Labuschagne, C – Premier .............................................................................................................. 1859

Magwaza, N P – Social Development .......................................................................................... 1658 Majola, T R – Education ............................................................................................................ 356 Housing ................................................................................................................... 8 Marais, A J D – Health ................................... 17, 81,83,192,515,583,1245, 2063, 2065, 2140, 2141 Social Development ...................................................................... 1022, 1657, 1658 McKenzie, P C – Health .................................................................................................................. 519

Ncedana, M – Premier .................................................................................................... 2132, 2133 Transport and Public Works .............................................................................. 2146

(ii) Ozinsky, M – Education ...................................................................................... 1414, 1935, 1937 Local Government, Environmental Affairs and Development Planning ... 1282, 1311 ............................ 1357, 1410, 1547, 1549, 1620, 1751, 1934, 1977, 2068, 2136, 2138 Premier .................................................. 1242, 1278, 2065, 2131, 2132, 2134, 2135 Transport and Public Works .................................................................... 1617, 1898 Prins, E – Agriculture ........................................................................................................... 754 Health .................................................................................................................. 143 Housing ............................................................................................................. 1104 Skwatsha, M – Agriculture ........................................................................................................ 2032 Premier ............................................................................................ 249, 1858, 1859 Transport and Public Works .................................................................... 1628, 2147 Stali, Z C – Cultural Affairs and Sport ...................... 1361, 1407, 1659, 1661, 1661, 2034, 2036 Social Development .......................................................................................... 1242 Strachan, G R – Finance, Economic Development and Tourism .............................................. 18, 81 Local Government, Environmental Affairs and Development Planning ............... 453 Premier ...................................................................................................... 3,187,352 Tingwe, M Education .......................................................................................................... 1500 Uys, P – Local Government, Environmental Affairs and Development Planning ..................... .................................................................................................................. 195, 1933 Walters, M C – Agriculture ............................................................................................ 13,964, 2032 Community Safety ............................................................................................. 1364 Cultural Affairs and Sport ............................................................................. 453,460 Local Government, Environmental Affairs and Development Planning ......... 88,356, ................................... 407, 1062, 1549, 1749, 1751, 1979, 2066, 2067, 2069, 2138 Wiley, M G E – Education .......................................................................................................... 1974 Premier ................................................................................................................ 674 Transport and Public Works .................................................... 410, 861, 1282, 1628 Witbooi, J – Health .................................................. 90, 756, 812, 1066, 1961, 1863, 2064, 2141 Social Development ............................................................................................ 588

Van Zyl, J A – Agriculture ..................................................................................... 2030, 2031, 2033 Health ................................................................................................................ 1862

(iii) Local Government, Environmental Affairs and Development Planning ............ 1558, ...................................................................................................... 1975, 1976, 1979

Visser, J J – Education ...................................................................................... 1972, 1973, 1974 Housing ............................................................................................................. 1970 Local Government, Environmental Affairs and Development Planning ... 1930, 1933 Transport and Public Works .......................................................... 2144, 2145, 2147 Von Brandis, E J – Transport and Public Works .................................................................... 1620, 1900

QUESTIONS

(Oral and Written: as put to relevant Minister under name of Member)

Beerwinkel, C F – Agriculture ........................................................................................................... 984 Cultural Affairs and Sport .................................................................................. 1667 Education .... 960,1117,1118,1178,1179,1257,1258, 1777, 1867, 1957, 2009, 2052 Housing ............................................................................................................ 1287, Local Government, Environmental Affairs and Development Planning ....... 600,690, ............................................................. 691,722,723,802,803,838,874,937,960,999 Transport and Public Works .......................................................... 1072, 1081, 1117 Bevu, T N – Agriculture ......................................................................................................... 1560 Community Safety ................................................................................... 1185, 1264 Education .......................................................................................................... 1120 Premier .................................................................................................... 1250, 1425 Social Development ..................................................................................... 707,708 Transport and Public Works ............................ 1122, 1559, 1944, 1946, 1996, 2156 Boesak, A A – Finance, Economic Development and Tourism .................................................. 100 Health .............................................................................................................. 45, 96 Local Government, Environmental Affairs and Development Planning ................. 99 Brown, L – Finance, Economic Development and Tourism ....... 1784, 1879, 2000, 2017, 2020 ............................................................................................................... 2022, 2023 Premier ..................................... 326,367,368,439,464,469,594,595,697,1141,1143, ................................ 1146, 1176, 1426, 1428, 1458, 1461, 1487, 1550, 2003, 2039 ...................................................................................................... 1578, 1784, 1894 Transport and Public Works .............................................................................. 1567 Cupido, P W – Community Safety ..................................................... 448, 449, 544, 849, 883, 1304 Education .................................................................. 510, 721, 775, 776, 950, 1172 Health ...................................................................................................... 1329, 1878 Local Government, Environmental Affairs and Development Planning ....... 600,689, ................................................................................................ 885, 941, 1171, 1328

(iv) Social Development ............................................................................................ 951 Transport and Public Works .................................................................. 502,503,543 Du Toit Marais, A J – Health .................................................................................. 1373, 1404, 1437, 1438 Social Development .................................................. 1372, 1431, 1470, 1630, 2149

Eloff, E H – Agriculture ........................................................................................................... 211 Cultural Affairs and Sport .................................................... 1875, 1911, 1940, 2050 Finance, Economic Development and Tourism ......................................... 876, 1948 Health .................................................................................... 876, 1562, 1563, 1883 Transport and Public Works .................................................... 217, 946, 1270, 1292 Gabru, Y – Cultural Affairs and Sport ............................................................................. 876,938 Education ....................................................... 26, 73,206,435,612,797,846,962,985 Health .................................................................................................................. 393 Premier .................................................................................................................... 1 Geyer, H P – Community Safety ............................................................................................. 1871 Education ........................................................................................ 606, 1381, 1675 Housing ............................................................................................................. 1881 Local Government, Environmental Affairs and Development Planning ....... 219,545, ..................................................................................................................... 600,689 Premier ........................................................................................................ 24, 2054 Transport and Public Works ........................................................... 165,166,203,475 Hani, V – Community Safety ................................................................................... 1538, 1742 Education .................................................................... 606, 1381, 1950, 2087, 2088 Finance, Economic Development and Tourism ................................................. 1994 Premier .............................................................................................................. 1960 Social Development ............................................................ 1569, 1706, 1949, 1950 Hartnick, J L – Agriculture ........................................................................................................... 957 Cultural Affairs and Sport .............. 122,348,833,849,859,885,993,1032,1054,1055, ......................................................... 1074, 1086,1089,1137,1148,1151,1183,1238, .................................................................................. 1271, 1272, 1379, 1435, 1642 Education ......................................... 181, 364, 390, 480, 712, 790, 857, 992, 1040, .................................................... 1073, 1294, 1296, 1495, 1568, 1956, 1957, 1958 Health .................................................................................................................. 712 Jacobs, P M – Community Safety ........................................................................................ 792,874 Cultural Affairs and Sport ..................... 28,129,162,175,202,345, 371,726,792,945 .................................................................................... 973, 1260, 1288, 1767, 1769 Education ............................................................................ 1081, 1632, 1633, 1686

(v) Housing .......................... 30,35,45,64,66,67,98,121,128,152,156,160,174,447,500, .................................... 501,714,715, 836, 873, 1059, 1127,1128,1191,1259, 1390, ........................................... 1392, 1440, 1443, 1446, 14471469, 1646, 1647, 1671, .................................................... 1672, 1776, 1788, 1789, 1869, 1878, 2010, 2019 Local Government, Environmental Affairs and Development Planning ............. 1391 Social Development ............................................................................................ 725 Transport and Public Works .............................................................................. 1684 Jenner I E – Education ................................................................................................ 1650, 2025 Social Development .................................................. 1926, 1958, 1959, 1984, 2049 Labuschagne, C – Community Safety ........................................................................... 993, 1622, 1624 Cultural Affairs and Sport ................................................................................. 2158 Education .......................................................................................................... 1650 Health ................................................................................ 451, 508, 544, 958, 1335 Premier ........................................................................ 537, 1070, 1112, 1662, 1981 Social Development ................................... 421,422, 1373, 1433, 1675, 2045, 2159

Mbalo, B G Mbalo – Premier .............................................................................................................. 2017 Magwaza, N P – Community Safety ................................................................................... 1034, 1226 Education .......................................................................................................... 1227 Premier ...................................................................................................... 696, 1027 Social Development ............................ 365,366,380,388,714,773,782,817,819,822, .................................................... 1325, 1327, 1514, 1516, 1557, 1558, 1665, 2006 ..................................................................................................................................................

Majola, T R – Agriculture ......................................................................................................... 1171 Community Safety ................................................................................................. 35 Housing ............................................................................................................... 828 Local Government, Environmental Affairs and Development Planning ............. 1576 Marais, A J D – Education .................................................................................................. 360, 1641 Health ............................. 103,108,222,374,424,426,511,546,797,806,807,856,997, ..................................... 1135, 1136, 1209,1221,1255,1256,1292,1293,1320, 1563, ............................................................................................ 1564, 1616, 2088, 2152 Social Development ............. 23,225,226,379,484,782,820,823,827,872,1181,1183 .................................................................................. 1222, 1321, 1664, 1666, 2089 McKenzie, P C – Community Safety ......................... 102, 163, 776, 777, 778, 1081,1127,1190,1614, .............................................................. 1623, 1674, 1848, 1872, 1882, 2012, 2046 Finance, Economic Development and Tourism ....................................... 1948, 2074 Health .................................................................................................................. 601 Local Government, Environmental Affairs and Development Planning ............. 1918 Premier .......................................................................... 98, 1028, 1312, 2039, 2040

(vi) Mqulwana, K A – Finance, Economic Development and Tourism ................................................... 860 Housing ............................................................................................................... 853 Premier ......................................................................................................... 872,900 Transport and Public Works ................. 388,603,694,699,700,764,1129,1132,1179, ............................................................................................ 1180, 1251, 1252, 1255 Ncedana, M – Community Safety .............................................................................. 488,528, 1631 Cultural Affairs and Sport .................................................................................... 488 Finance, Economic Development and Tourism ................................................... 860 Health ...................................................................................................... 1438, 1614 Housing ......................................................................................... 1098, 1139, 1639 Local Government, Environmental Affairs and Development Planning ............. 1880 Ozinsky, M – Agriculture ......................................................................................................... 2156 Community Safety ............................................................... 1229, 1520, 1536, 2156 Cultural Affairs and Sport ........................................................................ 1274, 1668 Education .......................................................................................................... 1274 Finance, Economic Development and Tourism ........ 1274, 1445, 1762, 1879, 1944, ............................................................................................ 1982, 1984, 2040, 2072 Health ................................................................................................ 438, 546, 1240 Housing ......................................................................................... 1241, 1850, 1912 Local Government, Environmental Affairs and Development Planning .. 1091, 1092, ................. 1138,1157,1202,1229,1261,1262,1339, 1374, 1519, 1565, 1678, 1765, ............................................................................................ 1889, 2004, 2049, 2093 ..................................................................................................................................................

Premier .................................... 23, 97, 202, 1114,1146,1177,1224,1313,1342,1911 ............................................................................................ 1368, 1395, 1421, 1850 Social Development ...................................................................... 1240, 1988, 1989 Transport and Public Works .......... 213, 1229, 1566, 1679, 1758, 1770, 1773, 1774 .............................................................. 1869, 1941, 1966, 1986, 1988, 2078, 2155 Paulse, S U – Community Safety ............................................................................. 176, 389, 1010 Cultural Affairs and Sport ........................................................................ 1454, 1456 Education ........................................................................................... 140,168, 1403 Health .................................................................................................................. 220 Housing ......................................................................... 177, 427, 1011, 1451, 1481 Local Government, Environmental Affairs and Development Planning ....... 552,576, ............................................................................................ 1172, 1453, 1485, 1488 Premier ................................................................................................................ 534 Social Development .......................................................................................... 1008 Transport and Public Works .................................................................. 396,552,803 Prins, E – Agriculture .............................. 33,34,35,603,839,1038,1132,1180,1182,1203,1263, ..................... 1265, 1291, 1297, 1568, 1569, 1639, 1641, 1742, 1925, 2015, 2048, ............................................................................................ 2053, 2084, 2150, 2151 Education .......................................................................................................... 1132 Health ..................................................................................................... 1924, 2083 Housing ................................................................................... 121, 155, 1321, 1325

(vii) Local Government, Environmental Affairs and Development Planning ....... 205,700, .......................................................................................................... 702, 765, 1082 Social Development .......................................................................................... 1950 Transport and Public Works .............................................................................. 1925 Rossouw, A – Community Safety ................................................................................... 1380, 1673 Cultural Affairs and Sport ............................... 79, 803, 997, 998, 1207, 1380, 1399, ............................................................................................ 1435, 1448, 1453, 1462 Education ........................................................ 164, 607, 720, 954, 955, 1336, 1401 Finance, Economic Development and Tourism ..................... 843, 1449, 2041, 2061 Local Government, Environmental Affairs and Development Planning ................. 41 Premier ................................................................................... 57,327,329,415, 2053 Social Development .......................................................................................... 1400 Transport and Public Works .............................................................................. 1272 Skwatsha, M – Agriculture ......................................................................................................... 1259 Community Safety ............................................................................................. 1288 Education ................................................................................................ 1006, 1951 Finance, Economic Development and Tourism ............................. 1119, 1206, 1851 Housing ....................................................................................... 428,431,886, 1915 Local Government, Environmental Affairs and Development Planning ............. 1159 Premier .......................................................... 22, 368, 763, 1029, 1467, 1505, 1551 Social Development ............................................. 890,1194,1259,1284, 1990, 2150 Transport and Public Works ......... 492,528,951,1193,1254,1290, 1653, 1680, 1760 .......................................... 1772, 1847, 1951, 1952, 1953, 1954, 1955, 1998, 2016 Stali, Z C – Agriculture ......................................................................................................... 1224 Cultural Affairs and Sport ......................... 1061,1079,1204,1205, 1525, 1666, 2013 Premier .............................................................................................................. 1961

Social Development ................................................................................ 1036, 1340 Strachan, G R – Agriculture ............................................................................................................. 44 Finance, Economic Development and Tourism ......... 43,102,125,213,344,389,417, .................................................................... 418,471,473,541,610,611,841,842,849 Housing ............................................................................................................... 344 Local Government, Environmental Affairs and Development Planning ............... 961 Premier ......................................................................................................... 201,531 Social Development ..................................................................................... 360,361 Transport and Public Works ......................................................................... 599,687 Tingwe, M – Agriculture ......................................................................................................... 1557 Community Safety ................................................................................... 1508, 1510 Cultural Affairs and Sport .............................................................. 1291, 1320, 1430 Education .......................................................................................................... 1473 Finance, Economic Development and Tourism ................................................. 1319 Health ................................................................................................................ 1264 Premier .................................................................................................... 1249, 1554

(viii) Social Development .......................................................................................... 1290 Transport and Public Works .............................................................................. 1471 Uys, P – Agriculture ......................................................................................................... 1456 Community Safety ........................................................................................ 976,982 Cultural Affairs and Sport .......................................................................... 908, 1966 Education ................................................................................................ 1036, 2044 Finance, Economic Development and Tourism .................... 903, 1378, 1433, 1653, .......................................... 1654, 1655, 1677, 1689, 1762, 1782, 1923, 1995, 2162 Health ................................................................................................................ 1532 Housing .. 976, 1275, 1394, 1649, 1673, 1920, 1991, 1992, 1993, 1998, 2058, 2162 Local Government, Environmental Affairs and Development Planning .... 47, 49, 59, ....................111,115,135,136,178,179,209,340,346,370,371,398,401,403,411,413 ..................440,446,490, 492,500,504,505,542,543,577, 579,620,622,703,717,769 ................ 770,808,810,811,820,835, 850, 885,886,942,944,959, 1012, 1056, 1058 ............ 1077,1078,1084,1126,1153,1154,1155, 1197, 1202,1234,1273,1275, 1764 .................. 1296,1308,1316,1318,1337,1338,1342, 1376, 1392, 1444, 1457, 1468 .............1475, 1489, 1493, 1512, 1517, 1532, 1567, 1572, 1575, 1613, 1636, 1648 ............1637, 1668, 1781, 1852, 1866, 1920, 1946, 1947, 1964, 1997, 2044, 2057, ........................................................................ 2058, 2085, 2086, 2090, 2153, 2161 Premier .......... 1230, 1249, 1493, 1533, 1572, 1579, 1687, 1779, 1853, 1855, 2090 Social Development .......................... 851, 852, 900, 1309, 1791, 1844, 1949, 1965 Transport and Public Works .......................................................... 1276, 1343, 2155 Van Zyl, J A – Education ............................................................................ 1184, 1561, 1706, 1967 Housing ............................................................................................................. 1139 Local Government, Environmental Affairs and Development Planning ............. 1884 Social Development .......................................................................................... 2163 Visser, J J – Agriculture ........................................................................................................... 774 Community Safety ............................................................................................... 962 Education .......................................................................................................... 1309 Finance, Economic Development and Tourism ........................................ 220, 1042 Housing ............................................. 120, 153, 605, 1033, 1089, 1776, 1914, 1915 Local Government, Environmental Affairs and Development Planning ............ 2051, ................................................................................................................ 2081, 2082 Premier ............................................................................................................. 2037 Transport and Public Works .................................................................. 606,695,855 Von Brandis, E J – Agriculture ............................................................................................... 1266, 1295 Community Safety .......................................................................... 212,423,604,609 Cultural Affairs and Sport .......................................................................... 400, 1041 Finance, Economic Development and Tourism ......... 350,781,823,1021,1322,1324 .................................................... 1521, 1522, 1633, 1635, 1787, 1878, 1884, 2074 Local Government, Environmental Affairs and Development Planning .... 122, 1266, .................................................................................. 1295, 1315, 1559, 1763, 1916 Premier ............................................................................................................. 1962 Transport and Public Works .. 219, 348, 349, 545, 705, 772, 878, 1072, 2047, 2075

(ix) Walters, M C – Agriculture ................................ 133,391,479,547,711,878,956,957,974,1039,1187, ................................................... 1294, 1298, 1402, 1474, 1475, 1513, 1635, 1674, ........................................................................ 1755, 1756, 1757, 1762, 2051, 2052 Cultural Affairs and Sport .................................................... 1870, 1910, 1911, 1939 Finance, Economic Development and Tourism .......................... 118,478,789, 1761 Health ................................................................................................................ 1375 Local Government, Environmental Affairs and Development Planning ....... 723,788, ...................................................................................... 878, 940, 1133, 1227, 1511 Transport and Public Works .................................................................. 403,706,991 Wiley, M G E – Community Safety .............................. 1,40,163,164,183,392,405,482,505,525,713, ................................................................ 948, 1148, 1267, 1277, 1523, 1882, 1883 Cultural Affairs and Sport .................................... 67, 1020, 1494, 1847, 1896, 1918 Education ..................................................................................................... 362,482 Health .................................................................................................................. 879 Housing .............................................................................................. 132,881, 1845 Local Government, Environmental Affairs and Development Planning ... 1375, 2157 Premier ........................................................................ 717, 1031, 1536, 1911, 1961 Social Development ........................................................................ 130, 1268, 1285 Transport and Public Works ............................. 2,182,391,404,450,635, 1626, 2077 Witbooi, J – Agriculture ................................................................................................. 582, 1757 Cultural Affairs and Sport ........................................................................ 1667, 1668 Health ....................................... 31,32,436,474,724,799,800,1075,1076,1165,1191, .................................................................................. 1378, 1471, 1507, 1615, 2005

QUESTIONS TO PREMIER WITHOUT NOTICE

Beerwinkel, C F ............................................................................................ 52,613 Bevu, T N ....................................................................................................... 54,895 Brown, L ........................................................................................ 170, 1384, 1525 Eloff, E H .......................................................................................................... 1644 Gabru, Y ........................................................................................................ 54,498 Geyer, H P ......................................................................................... 493,786, 1531 Hartnick, J L ........................................................................... 787, 897, 1047, 1389 Jacobs, P M ................................................................................... 786, 1681, 1682 Labuschagne, C ............................................ 56, 172, 498, 614, 1050, 1682, 1888 Magwaza, N P .............................................................. 383, 783, 1198, 1387, 1642 Majola, T R ........................................................................................................ 384 Marais, A J D ................................................................................ 1004, 1681, 1887 McKenzie, P C ............................................................ 171, 1002, 1300, 1680, 1885 Mqulwana, K A ......................................................................................... 494, 1048 Ozinsky, M ..................................................................................... 615, 1046, 1645 Prins, E ............................................................................................................ 1299 Rossouw, A ..................................................................................................... 1301 Skwatsha, M ..................................................................................................... 1529 Uys, P .............................................................................................................. 1200 Van Zyl, J A ..................................................................................................... 1199

(x) Visser, J J ........................................................................................... 53,170, 1645 Von Brandis, E J ................................................................................... 1200, 1386 Walters, M C ..................................................................................................... 1528 Wiley, M G E ................................................................... 386, 617, 894, 1199, 1299 Witbooi, J ............................................................................................... 1001, 1888